COMBINED_SYNOPSIS_SOLICITATION.pdf

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INTERPRETER SERVICES BPA
Solicitation number
R17PS01190
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Combined Synopsis Solicitation

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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number R17PS01190 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94, 2005-95 (January 2017). This is a total small business set-aside under NAICS 541930 with an associated small business size standard of $7.5M. Government reserves the right to make one or more awards from this announcement.

Background:

A.1 Description of Work

A.1.1. The purpose of this blanket purchase agreement (BPA) is to facilitate the placement of BPA calls for sign language interpreting services for various meetings, training, etc., for Deaf and Hard-of-Hearing employees (hereinafter referred to as Deaf) on an as-needed basis at the Bureau of Reclamation’s Upper Colorado Regional office in Salt Lake City, UT, to include interpreting consecutively from:

• Oral spoken English into American Sign Language (ASL)

• Oral with sign or ASL (in reverse) back to oral English

A.1.2. A sample list of onsite interpretation events is provided below. This list is not all-inclusive and is subject to change dependent upon the requirements of Reclamation:

• Staff meetings;

• Award ceremonies;

• Safety talks;

• Discussions on work procedures, policies, or assignments for formal and informal settings;

• Semi-annual performance discussions;

• Annual performance appraisals;

• Disciplinary discussions;

• Staff training, classroom training;

• Interviews;

• Meetings with co-workers

• Meetings with customers

• All Hands meetings; and

• Other ad hoc assignments similar in nature on an as-need basis.

A.2 General Operating Conditions

A.2.1 Place of Performance. The Contractor shall perform sign language interpretation services for Reclamation in Salt Lake City, UT throughout the facilities occupied by Reclamation, primarily located at the Wallace F. Bennett Federal building, 125 South State Street, Salt Lake City, UT 84138, in most cases, in rooms on the 7th or 8th floors.

A.2.2 Period of Performance. Blanket Purchase Agreement (BPA) will be for a five (5) year period.

A.2.3 Closures

A.2.3.a Federal Holidays. No interpretation services will be required on federal holidays. The Contractor will not bill the Government for interpretation service hours when the Government is closed due to Federal holidays. Federal holidays generally observed include:

New Year’s Day Martin Luther King Day Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

A.2.3.b Inclement Weather - Non-Closures. In the event of severe inclement weather or an emergency that does not result in federal government closure, sign language interpreters are responsible for calling the on-site POC provided on their assignment document to determine if the assignment is still scheduled. If services have been cancelled with less than 24 hours notice, the contractor may assess the cancellation fee established in C.3.1. (Reference C.2.2 for defined business hours.) If services are still required and the Contractor is not able to provide the service, the Contractor will not bill the Government.

A.2.4 Current Duty Hours and Access to Building/Office.

The Contractor shall perform services required under this PWS during the operating hours of the Government activity. Normal operating hours for the Reclamation are 0600 to 1800 hours;

Monday through Friday except Federal Holidays.

Contractor interpreters must arrive no later than ten (10) minutes prior to scheduled assignment to clear security. Upon clearing security, Interpreter(s) shall contact designated POC for the specific assignment for assistance with accessing the facility, as required. The designated POC is responsible for ensuring that interpreters are escorted to the event(s) where the service is needed, and ensuring the interpreter(s) is escorted to the check-out location, as necessary.

A.3 Key Personnel.

The Contractor shall designate a point of contact (POC) for Government representatives. The Contractor POC shall possess the basic knowledge and skills required to plan, control and manage the scheduling and accomplishment of interpretation services required for the successful completion of the work. The Contractor POC should have the authority to plan and manage the project to ensure work is scheduled properly to obtain maximum use of resources and prevent inefficient or wasteful methods in the performance of the services ordered; ensure that accurate and timely reports are provided; resolve problems; manage personnel and subcontractors; and monitor operation performance to ensure complete satisfaction.

In the event of the replacement of the Contractor POC, the Contractor shall notify the Contracting Officer (CO) or Contracting Officer Representative (COR) in writing. This notification shall take place at least fifteen (15) calendar days prior to a planned replacement and within twenty-four (24) hours following an unplanned replacement

A.4 Personnel Qualifications and Certifications.

A.4.1 Certifications/Licensure. All interpreters provided shall have a certification obtained from a recognized certifying organization. Certification for interpreter providers must be obtained from organizations such as the Registry of Interpreters for the Deaf (RID, NIC, NIC Advanced, NIC Master, CI, CT, CI/CT or CSC), the National Association of the Deaf (NAD), or a recognized State Agency. All interpreters shall conduct themselves according to the NAD and/or RID Code of Professional Conduct. Any licenses required by the State of Utah to provide professional interpreting services shall be obtained and maintained.

A.4.2 Special Qualifications. Interpreters must demonstrate fluency in expressive and receptive skills in oral spoken English into signed English and American Sign Language (ASL), oral, oral with sign or ASL (in reverse) back to oral English; ability to accurately interpret in a variety of settings; and ability to keep pace with communications in conferences, meetings, seminars, training classes, etc.

A.4.3 Interpreters-in-Training. In no case shall interpreters-in-training be assigned to government requirements.

A.5 Security

A.5.1. Security Requirements: All contractor personnel or any representative of the contractor entering any government facility or government leased facility shall abide by all security regulations and be subject to security checks. Contractor personnel or any representative and property shall be subject to search and seizure upon entering, while on, and upon leaving the government facility pursuant to installation regulations. Contractor personnel or representatives may be removed from the site whose continued presence or is deemed to adversely affect health, morale, welfare or good order and disciple on the installation or inconsistent with the best interest of national security.

A.5.2 Security and Privacy Act Requirements: All work performed relative to the tasking identified in the PWS are unclassified or carry a Privacy Act Classification.

A.5.3 Security Investigation Requirements: No classified work will be required. However, the contractor will be working with sensitive information which is covered by the Privacy Act, and shall be bound by the RID Code of Professional Conduct. http://rid.org/ethics/code-of-professional-conduct/

B. DEFINITIONS AND ACRONYMS

B.1 RECLAMATION Dictionary.

The Reclamation Dictionary of Definitions and Terms will be provided upon award of the contract.

C. SPECIFIC TASKS

C.1 General: The Contractor shall provide interpretation services for meeting the requirements as specified in the PWS. At any time, assignments can be cancelled, additions made, type of assignment changed, and/or changes made to start and stop time. Contractor personnel and subcontractors provided may be expected to be reassigned to another assignment if cancelled or current assignment concluded earlier than scheduled time and another need for services has been identified during the time scheduled. In no case shall the reassignment exceed the ending time of the original assignment. (Reference A.1.2 for types of interpretations assignments.)

Interpreters must possess a high level of language proficiency in English and sign language and must be able to demonstrate to the satisfaction of Deaf Reclamation employees that they are qualified interpreters who are able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.”

The Contractor shall attend scheduled and unscheduled meetings with the COR and other government representatives to furnish input concerning the operation and management of the interpretation program. Meetings may be scheduled by the Contractor to determine program requirements.

C.2 Scheduling Requirements.

C.2.1 Method of Requesting Services. The COR or designee shall contact the Contractor POC primarily via e-mail, and secondarily via telephone or facsimile, with requests for, changes to, or cancellations of sign language interpreting services.

C.2.2 Request Notification Time Schedule:

The Contractor shall make every effort to provide sign language interpreting services for requests received at least twenty-four (24) business hours in advance. Business hours are defined as Monday through Friday (0600 – 1800), except Federal Holidays. Upon receipt of request, the Contractor shall provide to the COR or designee in writing (email is acceptable) receipt confirmation within one (1) business day (equals 8 business hours) of receipt of request. The name of the assigned interpreter(s) shall be provided to the COR or designee in writing (email is acceptable) no later than one (1) business day prior to start of assignment.

If, however, the Government should require interpretation services with less than twenty-four (24) business hours notice, the Contractor shall make every attempt to provide sign language interpreting services. However, in the event the request is deemed unfillable, the Contractor shall have the right to refuse the assignment.

In such cases when the requested assignment is placed less than 24 hours from the time of the assignment, the Contractor shall make a best effort to fill the assignment and notify the government of its fulfillment as well as the names of interpreters as soon as feasible. If the Contractor accepts the request, the agency shall be billed at the hourly rate established. No special rates shall be used for requests placed with less than twenty- four (24) business hours notice.

C.2.3 Agency Provided Information at time of Request.

The COR or designee will provide the Contractor POC the following information at time of request:

• Type of interpretation required (i.e., ASL, Oral, etc,). (Reference A.1.1 for list of types of sign language interpretation applicable.)

• Start/End Date to include daily start and end times and identified lunch break if applicable.

• On-site POC information for Contractor interpreter(s) if other than COR to include office location, telephone number and email address. If no information is provided, it should be expected that the COR will be the primary point of contact for that request.

• Host installation address and room number for the event. Note: It is expected that all assignments will be performed at the Wallace F. Bennett Federal Building at 125 South State Street, Salt Lake City, Utah, 84138 unless otherwise specified.

• Name(s) of Deaf/Hard of Hearing Employee(s)

• Description of event (i.e. staff meeting, appraisal meeting, one-on-one training, etc.). (Reference A.1.2 for list of types of events applicable.)

• If available to the requestor of services, copies of speeches, documents, program specific acronym lists, training materials that will be used during the event in advance of the event.

The Contractor POC is responsible for ensuring personnel and subcontractors have complete accurate job information prior to day of assignment. In cases where the government provided accurate assignment and location information, if the assigned interpreters were unable to show up to the right location for the assignment due to the failure of the Contractor to pass along government-provided information, the Contractor will not be allowed to invoice for services.

C.3 Cancellations/Reassignments

C.3.1 Cancellations: The Government may cancel the services no less than 48 hours in advance with no penalty or charges assessed. If the Contractor is not notified of a cancellation 48 hours prior to the scheduled assignment, the Contractor may invoice for a two (2) hour minimum. In lieu of assessing a cancellation fee, the COR or designee and the Contractor can mutually agree to reassign the interpreter(s) to another service request covered by this PWS without incurring cancellation charges at the hourly rate established. No special rates shall be used for requests accepted as described in this paragraph.

If a Contractor interpreter appears for an assignment and the necessary parties fail to appear after 30 minutes of the scheduled start time of the assignment, the interpreter may leave and the Contractor may invoice for a two (2) hour minimum.

If the Contractor interpreter(s) do/does not meet the definition of being a qualified sign language interpreter, or fails to appear at the event location within 15 minutes of the scheduled assignment start time, the contractor shall be in default. The Government shall not incur any charges associated with such cancellations. In the event the sign language interpreter(s) find themselves in a situation where they will be late, they shall call the assigned government POC for that assignment and notify them that they will arrive at an estimated time.

C.3.2 Reassignments: If upon arrival to the assignment, the assignment is no longer required or it ends early, the interpreter(s) must contact the COR or designee for potential reassignment for the period originally scheduled. The COR or designee has the option to assign the interpreter(s) to another request without an additional charge/cancellation fee with the stipulation that if the new assignment runs over the original number of hours of the scheduled assignment, the difference will be charged. (Reference A.1.2 for list of types of interpretation applicable.) If after thirty (30) minutes and the interpreter(s) cannot reach assigned government POC for that assignment or the original scheduled time expires (whichever occurs first), the interpreter may leave. For assignments where no service was provided, the Contractor may invoice for a two (2) hour minimum (Reference C.3.1 Cancellations). For assignments concluded earlier than scheduled time, the Contractor may invoice in accordance with Section C.4.

C.4 Kept Appointments Billable Service Hours

Assignments lasting more than two (2) hours shall be invoiced in half ( ½ ) hour increments for the actual duration of the assignment, not the estimated duration requested by the COR or designee when coordinating and scheduling the request.

The assignment is considered complete when the later of the following occurs: 1.) Conclusion of event equals or exceeds the estimated duration specified when scheduling the request or 2.)

assigned government POC or Deaf employee releases the interpreter(s).

Time taken for meals shall not be billed. Other breaks are billable.

For examples, if the COR or designee coordinates and schedules a request for an assignment that is anticipated to last from:

• 8:00 am – 2:00 pm but the assignment actually lasts from 8:00 am to 11:30 pm, the Contractor shall bill Reclamation for three and one-half hours (3.5) of service.

• 8:00 am – 10:00 am but the assignment concludes at 9:00 am and the COR releases the interpreter, the Contractor shall bill Reclamation for two (2) hours of service.

• 8:00 am – 4:00 pm but the assignment actually last from 8:00 am to 4:20 pm and includes a one (1) hour lunch break, the Contractor shall bill Reclamation for seven and one-half hours (7.5) of service.

C.5 Deliverables.

The Contractor POC shall submit a monthly status report to the COR no later than the Close of Business (COB) on the last work day of the month, unless mutually agreed otherwise, that identifies an accurate record of all requested interpretation services, from whom, for whom, whether they were serviced, the number of interpreters required, and the length of service times per assignment.

D. CERTIFICATION AND ACCEPTANCE

The COR is designated as the point of final inspection and acceptance by the Government of all items and services required by the Blanket Purchase Agreement.

E. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The COR will monitor performance to ensure qualified interpreters are consistently provided in a timely manner. The monitoring shall be done via consultations with Deaf employees who are the recipients of the services.

Evaluation of Services. Recipients of interpretation services may provide feedback on the quality of the interpretation services received to the COR. This feedback will be provided to the Contractor POC by the COR within seven (7) business days of receipt of feedback. The Contractor shall take appropriate action based on the feedback and provide the COR with a written response to the feedback within seven (7) business days of receipt of feedback.

Performance Standards Chart. The chart below provides performance standards for specific requirements already stated in the PWS.

Task Performance Threshold* Grading

Method of Scheduling

Interpreting Services for each event

Interpreters are scheduled and perform at 99% of the required events.

Pass/Fail COR review/verification;

inspections; COR visual inspections;

Qualified personnel are performing sign language interpreting services

The Contractor shall provide qualified interpreters.

Pass/Fail The COR will survey Deaf employees to see if interpreters are found to be qualified.

Provide accurate and current interpretation tailored to the individual needs of the employee and to agency requirements.

Receive no more than 1 valid complaint about service during a month.

Pass/Fail Employee feedback

The Contractor shall provide all documentation properly formatted, accurate and submitted by due date.

90% reports completed accurately and on time; 1 day grace period

Pass/Fail 100% inspections

Ordering Procedure:

Only the Contracting Officers and designated individuals listed on BPA may authorize purchases under this agreement.

Orders $3,500.00 or less will be placed by the designated individuals using their government purchase card for payment. All orders above $3,500.00 shall be placed through a written order/Calls issued by the Contracting officer.

Name Office Dollar Limit Per Call Any Warranted Upper Colorado Region Contracting Officer (CO)

UC - AMD $3,500.01 or higher

TBD UC-AMD Below $3,500.00 TBD UC-AMD Below $3,500.00 TBD UC-ITS Below $3,500.00

Payments: Payments will be made based upon services that have been provided to and accepted by the Government. Vendor must be capable of accepting a charge card and be set up in www.ipp.gov for Electronic Funds Transfers.

Invoices: A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all services made during a billing period, identifying the orders covered therein, stating their total dollar value.

Purchase limitation: The dollar limitation for each individual purchase under the BPA shall not exceed $25,000.00. The establishment of this agreement does not guarantee any minimum or maximum number of orders.

Extent of Obligation: The Government is obligated only to the extent of authorized purchases actually made under this Blanket Purchase Agreement.

POINTS OF CONTACTS (POC):

Contracting Officer (CO):

Lisa Hilton 125 South State Street, RM 8100 Salt Lake City, UT 84138 Email: lhilton@usbr.gov http://www.ipp.gov/ mailto:lhilton@usbr.gov

Contract Specialist (CS):

Josephine Ojewia 125 South State Street, Rm 8100 Salt Lake City, Utah 84138 Email: jojewia@usbr.gov

The following clauses are applicable to all calls placed under this the contract unless specifically added or deleted on an individual call. Modifications to clauses affecting more than one call can only be made in accordance with FAR 52.212-04 Contract Terms and Conditions – Commercial Items.

PROVISIONS AND CLAUSES

CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE - (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR Clauses – https://www.acquisition.gov/far/

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS - (JAN

2017)

(End of Clause)

ADDENDUM TO 52.212-4

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE -

(JUL 2016)

(a) Definition. As used in this clause– “Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract.

For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the mailto:jojewia@usbr.gov

CAGE master file if the contractor initiates those changes via update of its SAM registration.

Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the

CAGE

master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/ contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of Clause)

ADDENDUM TO 52.212-4

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS - (DEC 2013)

ADDENDUM TO 52.212-4

52.242-15 STOP-WORK ORDER - (AUG 1989)

ADDENDUM TO 52.212-4

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-

INVOICE PROCESSING PLATFORM (IPP) - APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

A copy of the vendor’s regular invoice

The Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist/Contracting Officer at jojewia@usbr.gov once the invoice has been submitted to

IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

ADDENDUM TO 52.212-4

WBR 1452.222-81 Employment Verification

It is the contractor’s responsibility to verify employment of its employees. FAR 9.406(b)(2) Causes for Debarment, specifically states, based on a determination by the Secretary of Homeland Security or the Attorney General of the United States, any contractor not in compliance with the INA is a cause for debarment.

(End of clause)

ADDENDUM TO 52.212-4

WBR 1452.223-82 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace -- Bureau of Reclamation - (Dec 2009)

(a) In performing work under this contract, the contractor shall comply with the requirements of Executive Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.

(b) In addition, pursuant to Federal Management Regulation (FMR) Bulletin 2009-B1, effective December 22, 2008, smoking is prohibited in courtyards and within 25 feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody or control of GSA.

(End of clause)

ADDENDUM TO 52.212-4

WBR 1452.237-80 SECURITY REQUIREMENTS--BUREAU OF RECLAMATION (FEB

2017)

(a) (a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the CO. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the CO will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.

(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.

(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge.

(Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR.

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S.

For all non-U.S. citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the Contracting Officer (CO). The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.

(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.

(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL USE ONLY (FOUO) information or

CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation directives and standards for identifying and safeguarding sensitive information (SLE 02-01), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the CO may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the CO. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release.

The Contractor shall maintain, and furnish upon request of the CO, records of the names of individuals who have access to sensitive material in its custody. All questions regarding information security, access, and control shall be referred to the COR.

(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the CO has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the CO ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the CO.

(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.

(2) Classified Information.

(i) The disclosure of U.S. Government documents by third parties can result in damage to our national security. While this contract may not deal directly with classified information, each contractor is obligated to protect classified information pursuant to all applicable laws and to use Government information technology systems in accordance with agency procedures so that the integrity of such systems is not compromised.

(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents' classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by Federal employees and contractors, until it is declassified by an appropriate U.S. Government authority. Executive Order 13526, Classified National Security Information (December 29, 2009), Section 1.1.(c) states, 'Classified Information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information.' Although the Department has taken steps to prevent access to publicly disclosed classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this regard.

(iii) Contractors (which include all employees of the contractor, as well as subcontractors and its employees performing work for the contractor) are reminded of the following obligations with respect to the treatment of classified information and the use of unclassified government information technology systems:

(v) For contracts that require access to classified information, the contractor is responsible for obtaining the required national security clearance through the Department of the Defense National Industrial Security Program Operating Manual (NISPOM). Any classified contracts will be coordinated through the Reclamation Chief Security Officer, or for IT requirements, the Bureau Chief Information Security Officer. No contractor shall access classified information unless proper clearances have been obtained and transmitted to Reclamation. For further information, refer to 443 DM 1 or DOD NISPOM 5220.22-M dated February 28, 2006 (incorporating change 2 dated May 18, 2016). \

(vi) Classified information shall not be removed from official premises.

(vii) Classified information shall not be disclosed without proper authorization.

(c) Contractor Employee Suitability and Issuance of Government Identification Cards:

(1) Performance of this contract requires Contractor personnel to have a Federal Government-issued HSPD-12/FIPS-201-1 compliant Personal Identification Verification Card (PIV Card) before being allowed unsupervised access to a Federally-controlled facility or information system. An active PIV Card issued by another Federal Government agency will be accepted by Reclamation if the associated background investigation is sufficient for the work and access to facilities and information systems required under this contract, as determined solely by Reclamation. Physical access means routine, unescorted or unmonitored access to non-public areas of a Federally-controlled facility. Logical access means routine, unsupervised access to a Level 3 or 4 Federally controlled information system.

(2) At the Government’s sole discretion, the Government may issue a temporary identification card or visitor identification badge, in lieu of a PIV Card, under one of the following conditions:

(i) The individual will only be associated with Reclamation for a period of 180 days or less, will not have access to sensitive information, and any access to a sensitive area or Federal-controlled information systems will be fully supervised. The 180 calendar day period begins on the first day of the individual’s affiliation with Reclamation (in this case, the date that the individual’s contract performance begins) and ends exactly 180 days later, regardless of the number of times the individual actually accesses a Government facility or information system.

(ii) The individual will only have sporadic access to Federal facilities and information systems;

will not have access to sensitive information; and, any access to a sensitive area or Federal-controlled information system will be fully supervised.

(iii) The individual will work exclusively outdoors, will not have access to sensitive information, and any access to a sensitive area or Federal-controlled information system will be fully supervised.

(iv) In paragraphs (i) through (iii), supervised access means the individual’s access to, and movement within, a facility is monitored and controlled sufficiently to prevent access to any unauthorized areas, equipment, or information; and the individual’s access to an information system is monitored and controlled sufficiently to ensure appropriate use of the system and information, and to prevent access to any unauthorized systems or information. Supervision must be performed by an individual with an active Government-issued PIV Card.

(3) The Contractor shall furnish to the COR an alphabetical list of contract personnel, to include subcontractors, who will require access to a Government facility or information system.

The list shall provide the full name, social security number, date of birth, place of birth, purpose or job title, and the estimated duration of access. If the Contractor believes an individual should be issued a temporary identification card or visitor identification badge in lieu of a PIV Card based on the conditions in paragraph (4), then the Contractor must also submit a sufficient written justification as to why the specific individual or individuals will not need a PIV Card.

The Contractor shall provide this information before the start of contract performance, or before the start of an individual’s performance when there is a change or addition of personnel, with sufficient time to ensure that performance is not delayed by compliance with credentialing processes.

(4) Any contract employees that will be issued a temporary identification card or visitor identification badge, in lieu of a PIV Card, at the Government’s sole discretion, will be subject to the following credentialing procedures:

[Insert any local identification card or visitor badge issuance procedures that will be used, such as those used at the Denver Federal Center or in Federal Buildings.]

(5) Any contract employees that will be issued a PIV Card will be subject to the following credentialing procedures:

(i) The Government will initiate the e-Qip electronic background investigation process, and give the Contractor instructions for completing the background investigation and PIV Card process. As part of the PIV Card process, each Contractor employee shall be required to appear in person at a Government PIV Enrollment Station to have personal identity verification documents verified, have a photograph taken, be fingerprinted, and to pick up and activate the PIV Card when completed. The Contractor must make its personnel available at the place and time specified by the COR in order to initiate this process.

(ii) At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require (insert as appropriate physical and/or logical) access for performance of work under this contract. The Contractor must make their personnel available at the place and time specified by the COR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following electronic forms, or their equivalent, shall be used to initiate the credentialing process:

(a) OPM Standard Form 85 or 85P

(b) OF 306

(c) Release to Obtain Credit Information

(d) Fingerprint Card FD-258 or electronic fingerprints (local procedures may require the fingerprinting to be done at a police station; in this case, any charges are to be borne by the Contractor).

(iii) The cost of completing the above processes and submitting the above forms, including any charges for obtaining fingerprints and traveling to a Credentialing Center for card enrollment and activation, shall be borne by the Contractor. The cost of suitability and PIV-related background investigations shall be borne by Reclamation. For contracts that require a national security clearance, the cost of obtaining the national security clearance, including any associated background investigation, will be borne by the Contractor.

(iv) Contractor employees are required to complete all forms and to give, and to authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the Contractor personnel being investigated in person, by telephone, or in writing, and the Contractor agrees to make them available for such contact.

(v) For each Contractor employee that will be issued a PIV Card, the Government will conduct a background investigation. The tier level of background investigation for each Contractor employee will be determined by the Government based on the risk and sensitivity levels as described in Reclamation’s “Personnel Security and Suitability Directives and Standards,” SLE 01-01, which is available at http://www.usbr.gov/recman/DandS.html#sle. At a minimum, each Contractor employee that will be issued a PIV Card will receive a Tier 1 [previously a National Agency Check with Written Inquiries (NACI)] Background Investigation. The minimum standards which will be used in suitability determinations are contained in the DOI Departmental Manual Part 441, Chapter 5, which is available at http://elips.doi.gov/ELIPS/DocView.aspx?id=3858.

(vi) Each Contractor employee in a position designated as higher than Low Risk Non-Sensitive shall be reinvestigated on a periodic basis as described in Reclamation’s Personnel Security and Suitability Directives and Standards. A reinvestigation may also be initiated when the Contractor or the Government believes that a particular individual’s continued ability to meet the contract’s minimum standards is in question; or if it is determined that the position has changed and a higher level investigation is warranted.

(vii) If a Contractor employee has worked under a Federal agency contract within the past two years, and that contract required a successfully-adjudicated background investigation at the same risk level as (or higher than) this contract, further investigation may not be necessary. The Contractor shall provide the COR with documentation that supports the individual’s previous contract work and any information, including name and social security number, date of birth, and place of birth, needed for Government verification of previous background investigation.

(viii) Contractor employees who have been successfully adjudicated will be issued DOI Access Cards, which must be activated at a USAccess Credentialing Center.

(ix) If the final adjudication is unfavorable on a Contractor employee, or if Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the…

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