RRB15Q0020-RFQ.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

RRB15Q0020

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/30/2015

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME Richard Ball (richard.ball@rrb.gov)

b. TELEPHONE NUMBER (No collect calls) 312-751-4510

8. OFFER DUE DATE / LOCAL

TIME

04/15/2015 13:00:00

CODE ACQMGMT

U.S. Railroad Retirement Board Acquisition Management 844 N. Rush St.

Chicago, IL 60611

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 621111

SIZE STANDARD: $11,000,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

025CODE15. DELIVER TO

U.S. RAILROAD RETIREMENT BOARD

DISABILITY BENEFITS

844 NORTH RUSH ST., 11TH FL.

CHICAGO, IL 60611

CODE 03916. ADMINISTERED BY

U.S.RAILROAD RETIREMENT BOARD

ACQUISITION MANAGEMENT

844 N. RUSH ST., 9TH FL.

CHICAGO, IL 60611

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

U.S. RAILROAD RETIREMENT BOARD

FISCAL OPERATIONS

844 N RUSH ST., 5TH FLOOR

CHICAGO, IL 60611

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: RRB15Q0020 HELD Page 1 of 20

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: RRB15Q0020 HELD Page 2 of 20

Table of Contents

Section Description Page Number

I Introduction

OVERVIEW

II Schedule of Supplies and Services Instructions for completing Section II - Schedule of supplies and services above, and Section II B & C below

III Statement of Work

SOW

IV General Terms and Conditions RRB.A.07 A. General RRB Provision-7.The Role of Government Personnel and Responsibility for Contract Administration RRB.A.01 A. General RRB Provision-1.Technical Direction 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) RRB.B.02 B. Security Provisions-1. Privacy Or Security Safeguards (AUG 1996) FAR 52.239-1 (with RRB Fill-ins) RRB.B.03 B. Security Provisions-3.Additional Security Requirements RRB.B.01 B. Security Provisions-1.Security Information RRB.A.04 A. General RRB Provision-4.Conflicts of interest Conflict of Interest RRB Supplement 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Mar 2015) 52.216-1 Type of Contract (Apr 1984) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) RRB.A.05 A. General RRB Provision-5.Post award meeting 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

V Proposal Submission Instructions Instructions to Offerors RRB Supplement

VI Evaluation and Award 52.212-2 Evaluation - Commercial Items (Jan 1999)

VII List of Attachments

Document Number: RRB15Q0020 HELD Page 3 of 20

Section I - Introduction

OVERVIEW

A. Agency Information: The U.S. Railroad Retirement Board (RRB) is an independent federal agency that administers a retirement and survivor benefit program for railroad employees and their families. The RRB was established by the Railroad Retirement Acts of 1937 and 1974. Its benefit program was the forerunner of the more familiar social security system. The Railroad Retirement System is unique inasmuch as it is the only federally administered benefit program covering a single private industry. The RRB also adminis-ters the Railroad Unemployment Insurance Act which provides unemployment and sickness benefits to railroad employees. The RRB’s headquarters and the RRB’s Office of the Inspector General are located in Chicago, Illinois. The RRB also has 53 field offices, nationwide.

B. Objectives: The RRB seeks to procure Quality Assurance - Case Review services for initial disability determinations performed by the RRB, as specified in Sections II., and Section III, Statement of Work (SOW) below.

C. Questions pertaining to this solicitation must be submitted in writing and received by this office in sufficient time to allow the timely transmission of written answers by solicitation amendment. To ensure this, the RRB will only answer questions received in this office no later than 1:00 PM, April, 02, 2015. Questions pertaining to this solicitation must be submitted to: proposals@rrb.gov.

Offers are due no later than 1:00 PM, April, 15, 2015, Central Standard Time (CST), and must be submitted to proposals@rrb.gov.

Section II - Schedule of Supplies and Services

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0001 Medical- Other 72.000000 EA

Period of Performance: 05/11/2015 - 07/10/2015

Description: QUALITY ASSURANCE REVIEW: INITIAL DISABILITY DETERMINATION (See Section III, SOW). INITIAL CONTRACT

TERM.

0002 Medical- Other 72.000000 EA

Period of Performance: 05/11/2016 - 07/10/2016

Description: QUALITY ASSURANCE REVIEW: INITIAL DISABILITY DETERMINATION (See Section III, SOW). OPTION TERM 1.

0003 Medical- Other 72.000000 EA

Period of Performance: 05/11/2017 - 07/10/2017

Description: QUALITY ASSURANCE REVIEW: INITIAL DISABILITY DETERMINATION (See Section III, SOW). OPTION TERM 2.

0004 Medical- Other 72.000000 EA

Period of Performance: 05/11/2018 - 07/10/2018

Description: QUALITY ASSURANCE REVIEW: INITIAL DISABILITY DETERMINATION (See Section III, SOW). OPTION TERM 3.

0005 Medical- Other 72.000000 EA

Period of Performance: 05/11/2019 - 07/10/2019

Description: QUALITY ASSURANCE REVIEW: INITIAL DISABILITY DETERMINATION (See Section III, SOW). OPTION TERM 4.

Instructions for completing Section II - Schedule of supplies and services above, and Section II B & C below.

A. Offerors must provide a Firm-fixed price quote, in the blocks entitled Unit Price & Total above for CLINS 0001 thru 0005, to provide all labor, material, supervision, management, and administrative support required to perform case review services for approximately seventy-two (72) initial disability determination findings as specified in this solicitation. Offerors must also, complete the fill ins (Sections II. B, & C) indicated below.

B. Price quotation is valid thru ______ / ______, 2015. (60 days from the date of offer, unless otherwise stated.)

C. Contractor Information for Order Administration:

Document Number: RRB15Q0020 HELD Page 4 of 20

1. Order address ______________________

2. Business Size ______________________

3. Federal Tax ID # ______________________ Submit on IRS Form W9 with offer

4. DUNS No. ______________________ Dun & Bradstreet, www.dnb.com

5. Remit Address ______________________

6. GSA MAS Contract Number _________________ Please attach (or E-Mail) a copy of contract.

Effective dates _____________ - ______________

OR OPEN MARKET OFFER – Yes [ ] No [ ]

7. Authorized representatives:

Business Technical

Name: _______________ _______________

Phone #: _______________ _______________

Fax #: _______________ _______________

E-Mail: _______________ _______________

8. System for Award Management (SAM) FAR 52.204-7 (Jul 2013) registration completed*:

Yes [ ] No [ ]

* Offeror must be properly registered, including business size annotation, in the System for Award Management (SAM) to be eligible for award of a Federal contract or order. (See www.sam.gov)

PERIOD OF PERFORMANCE

ITEM START END

0001 05/11/2015 07/10/2015

0002 05/11/2016 07/10/2016

0003 05/11/2017 07/10/2017

0004 05/11/2018 07/10/2018

0005 05/11/2019 07/10/2019

Section III - Statement of Work

SOW

III. STATEMENT OF WORK

Document Number: RRB15Q0020 HELD Page 5 of 20

Quality Assurance Review: Initial Disability Determinations

A. Description of Quality Assurance Review Services

Claims Related Services - The Contractor shall provide licensed physicians who are knowledgeable and conversant with the many and varied fields of medicine. The contractor shall organize and train physicians and staff for all functions under this contract.

1. The contractor shall provide a quality evaluation of the completed initial disability decision based on objective medical evidence along with supporting medical exams and opinions included in the file.

a. The Contractor shall review each disability case file material to determine if the correct initial disability decision was rendered. The Contractor shall review all medical evidence received in support of the disability application.

b. The Contractor shall review seventy-two cases including:

(1) Occupational cases – 30 grant decisions and 2 denial decisions

(2) Total & Permanent cases –20 grant decisions and 6 denial decisions

(3) Widow cases - 5 grant decisions and 1 denial decisions

(4) Children cases - 7 grant decisions and 1 denial decisions

c. Each individual review case will be assigned a unique ID case number. The assigned case numbers will range from number 1 through 72. The Contractor will receive two (2) pdf documents for each case; the disability application and the medical evidence and vocational reports.

d. The Contractor must complete the required Access data collection form for each case reviewed. See Attachment A for the informa-tion that is required for each case reviewed by the Contractor. There will be four separate Access data collection documents, one for each of the following disability review categories: Occupational, Total and Permanent, Widow, and Children. The four individual Ac-cess data collection documents will be provided to the Contractor via secure email.

e. The Contract reviewer cannot have previously worked on or handled (i.e., provided a medical exam or opinion) for any of the sev-enty-two selected cases for review.

B. Case Review Schedule

1. The review of cases shall begin as early as Monday, May 11, 2015, but no later than Monday, June 01, 2015, unless the contract is awarded sooner and Contractor is ready to begin performance.

2. The Contractor shall complete a minimum of eight quality assurance reviews each week. Eight cases per week for nine consecutive weeks.

3. On a weekly basis (each Friday by 6:00pm CST) the contractor shall provide a status report of the case reviews completed via the completed Access data collection document.

4. All 72 cases must be completed within nine weeks of the date the first eight cases are assigned to be reviewed.

5. The weekly quota of completed cases must be met.

C. Location and Manner of Performance of Claims Related Services

1. Pdf documents for each case will be supplied to the contractor electronically. PDF files that are 10MB or less will be sent via secure email. All pdf files that are greater than 10MB will be sent via secure File Transfer Protocol.

2. The Contractor shall ensure the privacy confidentiality and safety of the electronic files while they are in the possession of the Con-tractor and shall not remove, alter, copy or otherwise damage the pdf material.

3. The Contractor shall designate a primary contract liaison, and an alternate, to coordinate activities, resolve day-to-day problems, and answer questions from RRB staff. The contract liaison shall be available during RRB core business hours of 9:00 a.m. to 3:00 p.m. central time.

4. The Government reserves the right to perform inspection of the contractors off-site facility.

Document Number: RRB15Q0020 HELD Page 6 of 20

D. Medical Staff Qualifications

1. All physicians performing services under this contract shall be currently licensed in the State in which contractual services are rendered and shall have training and experience necessary to perform this function.

2. The Contractor shall provide physicians conversant with the various regulations, policies and guidelines related to disability based benefits under the Railroad Retirement and Social Security Acts as those Acts are currently stated and as they may change during the lifetime of this contract.

a. The RRB will provide the contractor with the various regulations, policies and guideline required for contract performance.

3. No physician performing services under this contract shall have served as a witness in a lawsuit either against or for a railroad em-ployer, or be an employee of a railroad, of the RRB, or subcontractor of an RRB contractor for disability related examinations ser-vices. In addition, no physician shall perform services under this contract for any case where they have provided medical or RFC as-sessments as a treating or consulting physician.

4. The Contractor shall not employ, under this contract, the services of any individual or entity who is excluded, suspended, or other-wise barred from participating in Medicare, Medicaid or any other Federal or Federally-assisted program.

E. Quality Control Plan – The Contractor shall maintain an ongoing quality control plan to insure that the requirements of this con-tract are satisfied. The plan shall include methods for identifying, resolving and preventing deficiencies in the quality and timeliness of services performed under this contract to ensure the level of performance meets the contract requirements.

F. Quality Assurance Plan – The RRB shall use the following methods to ensure that the RRB receives the quality of service spe-cified in the contract.

1. Timeliness of case review: The RRB will measure the timeliness of the Contractor’s review of the disability cases based on the time frame listed below. The Contractor shall meet the timeliness requirements listed below in 100% of the cases.

a. The Contractor shall complete the quality assurance review of eight cases each week. Eight cases will be assigned each Monday for nine consecutive weeks, beginning as early as Monday, May 11, 2015, but no later than Monday, Jume 1, 2015. Every Friday, by 6:00pm CST, beginning with the first Friday after the review begins; the Contractor shall return the access data collection document to the RRB via secure email. The updated Access data collection document must have the completed results from the Contractor’s re-view of each of the eight cases assigned for the week.

b. The Contractor must complete the weekly quota of review cases and the Access data collection document.

Section IV - General Terms and Conditions

RRB.A.07 A. General RRB Provision-7.The Role of Government Personnel and Responsibility for Contract Administration

(a) Contracting Officer - The Contracting Officer (CO) has the overall responsibility for the administration of 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, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from contract payments for convenience or default; issue final decisions regarding contract questions or matters under dispute. The CO may, however, delegate certain other responsibilities to his authorized representatives. The contracting officer shall make all such del-egations in writing.

(b) Quality Assurance Representative (QAR) - The Contracting Officer may designate a QARto assist the Contracting Officer in the discharge of day-to-day responsibilities pertaining to this contract and the monitoring of Contractor performance. The specific re-sponsibilities and limitations of QARauthority are set forth in the “Technical Direction.” Provision in section IV.

(c) Contract Administrator (CA) -The Contracting Officer may designate an individual to monitor contract performance, review con-tract funding, billing and payments, prepare supplemental agreements and change orders, and conduct negotiations and discussions on behalf of the Contracting Officer

Document Number: RRB15Q0020 HELD Page 7 of 20

RRB.A.01 A. General RRB Provision-1.Technical Direction

Performance of the work under this contract shall be subject to the technical direction of the Contracting Officer's Representative (COR). The term “technical direction” is defined to comprise the following:

(a) Directions to the contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual statement of work.

(b) Provisions of information to the contractor which assists in the interpretation of drawings, specifications or technical portions of the work description.

(c) Review and, where required by the contract, approve technical reports, drawings, specifications and technical information to be de-livered by the Contractor to the Government under this contract.

(d) Technical directions must be within the general scope of work stated in the contract. The QAR does not have the authority to and may not issue any directions which (1) constitutes an assignment of additional work outside the general scope of the contract; (2) con-stitutes a change as defined in the contract article entitled “Changes”; (3) in any manner causes an increase or decrease in the estim-ated cost or the time required for contract performance; or (4) changes any of the expressed terms, conditions, or specifications of the contract.

The Contractor shall proceed promptly with the performance of technical directions duly issued by the QAR in the manner prescribed by this Section and within his authority under the provisions of this Section. If, in the opinion of the Contractor, any instruction or dir-ection issued by the QAR is within one of the categories as defined in (1) through (4) above, the Contractor shall not proceed but shall notify the Contracting Officer within five (5) working days after receipt of any such instruction or direction and shall request the Con-tracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modification or advise the Contractor in writing that, in his opinion, the technical direction is within the scope of this Section and does not constitute a change under the Changes article of the contract. The Contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract article entitled “Disputes.”

52.224-1 Privacy Act Notification (Apr 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Viola-tion of the Act may involve the imposition of criminal penalties.

(End of clause)

52.224-2 Privacy Act (Apr 1984)

(a) The Contractor agrees to--

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, develop-ment, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies--

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcon-tract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or oper-ation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, devel-opment, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on indi-viduals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on in-dividuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

Document Number: RRB15Q0020 HELD Page 8 of 20

(c)(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintain-ing the system of records, including the collection, use, and dissemination of records.

(2) "Record," as used in this clause, means 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, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular as-signed to the individual.

(End of clause)

RRB.B.02 B. Security Provisions-1. Privacy Or Security Safeguards (AUG 1996) FAR 52.239-1 (with RRB Fill-ins)

(a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.

(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor's facilities, installations, tech-nical capabilities, operations, documentation, records, and databases.

(c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

(d) Each agency has its own rules regarding privacy and security of data. The RRB’s rules are summarized in the following publica-tions:

(1) Privacy Act Information http://www.rrb.gov/bis/privacy_act/introduction.asp http://www.rrb.gov/bis/privacy_act/overview.asp http://www.rrb.gov/bis/privacy_act/information_rrb_maintains.asp

(2) RRB’s Privacy System of Records http://www.rrb.gov/bis/privacy_act/sornlist.asp

(3) Internal Revenue Service’s (IRS) Publication 1075, Tax Information and Security Guidelines for Federal, State and Local Agencies http://www.irs.gov/pub/irs-pdf/p1075.pdf

(e) Anticipated threats and hazards that the contractor must guard against:

(1) Data stored on equipment following the completion of the project.

(2) Data removal process not including eradication methods.

(3) Contractor employees not fully versed in responsibilities with respect to Privacy and Security.

(4) Contractor accessing RRB data from unauthorized sites.

(f) Safeguards that the contractor must specifically provide include: A contractor having access to RRB data should have in place pre-ventive measures to assure that:

(1) Accessed data is not retained in contractor files or on contractor’s equipment.

(2) Any RRB Federally owned data if temporarily stored on contractor’s equipment must be securely erased (purged) using standards that meet or exceed National Institute of Technologies and Standards (NIST), Special Publication 800-88, Media Sanitization. The contractor shall contact either the Chief Privacy or Security Officer if they need any further information.

(3) All contractor staff members are made aware of their responsibilities with respect to Privacy and Security.

(4) Contractor access to RRB data is limited to RRB approved sites.

RRB.B.03 B. Security Provisions-3.Additional Security Requirements

Contractors shall indicate and list in their proposals the proposed staff for these services that have previously completed through other Federal Government Agencies the procedures required to meet the Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

Document Number: RRB15Q0020 HELD Page 9 of 20

1. Encryption – Contractor information systems. If contactor information systems are used to store RRB data they must:

a. Use FIPS 140-2 approved whole drive encryption,

b. Cannot store RRB data on portable media (i.e. Flash drives, external hard drives, etc.), and

c. Upon completion of the contract must securely sanitize and certify in writing to the RRB contracting officer, that all RRB data using a (draft) NIST SP 800-88, Rev 1, Guidelines for Media Sanitization approved sanitization method.

2. Encryption – Data Exchange. The contractor shall exchange electronic data containing personally identifiable information using FIPS 140-2 approved encryption. The RRB can provide secure electronic data exchange using Secure File Transfer Protocol (SFTP).

The RRB can either host or be a client for SFTP electronic exchanges.

3. Breach Reporting and Responsibility Requirements as required by OMB Memo M-07-016:

a. The contractor agrees to report any potential or actual breaches of RRB data within one hour of detection or notification of breach to the RRB, and

b. If the contractor is responsible for the breach, they are liable for all breach related costs and actions.

4. Training: All contractor staff that have access to RRB PII data must receive privacy awareness training and certify that they’ve completed the training.

RRB.B.01 B. Security Provisions-1.Security Information

The RRB is a social insurance agency. Privileged information for railroad employees and dependent beneficiaries is accessible from all mainframe terminals, terminal sessions on desktop PC workstations, and virtual LAN (VLAN)/wide area network (WAN) servers.

Privileged information is also available in paper form, data disks, and data tapes throughout the Chicago headquarters facility and re-mote offices. Access to, and use of, this information is covered under the Privacy Act of 1975 and other U.S. Codes. The provision of the Federal Acquisition Regulation (FAR) section 52.239-1, Privacy or Security Safeguards (Aug 1996), is hereby incorporated by ref-erence.

No copies of railroad employee or beneficiary information can be removed from a RRB site or retained by any member of the con-tractor staff in any transferable media, be that paper or electronic.

With the exception of cellular/digital telephones owned and used by the Contractor staff, no communications line other than those ana-log lines and data links installed and approved by the RRB will be allowed.

RRB.A.04 A. General RRB Provision-4.Conflicts of interest

The offeror agrees not to have any direct or indirect financial or familiar interest, or engage in any activity, which conflicts substan-tially, or appears to conflict substantially, with the offeror’s duties under this contract. The offeror further agrees that the RRB shall have the exclusive right to determine whether such a conflict of interest exists, and whether it is substantial. Failure of the offeror to adhere to this provision will, at the discretion of the RRB, result in the immediate termination of the contract without any further liab-ility of the RRB.

Conflict of Interest RRB Supplement

These instructions supplement RRB caluse RRB.A.04.

Conflict of Interest

a. Contracts involving advisory and assistance services shall not generally be awarded to contractors that would evaluate or otherwise advise the Government concerning their own products or activities without proper safeguards to ensure objectivity and protect the Government’s interests.

The Contracting Officer has determined that this particular acquisition involves a significant potential organizational conflict of interest and that Federal Acquisition Regulation (FAR) Subpart 9.5 shall apply to this procurement action.

b. This solicitation requires the successful offeror to -

1. Review medical evidence received in support of disability-based claims, and initial disability determinations;

Document Number: RRB15Q0020 HELD Page 10 of 20

2. Provide opinion of whether or not the correct initial disability decision was rendered.

c. Offerors who have provided medical evidence, RFC assessments, or consultative medical opinions regarding disability determin-ations shall include with their business proposal a discussion of the potential conflict of interest that participation under this ac-quisition could create. The discussion must include a comprehensively supported statement as to whether the potential for a con-flict exists and, if so, a clear and compelling explanation as to how the offeror would be able to furnish impartial assistance or ad-vice to the Government and how the offeror’s objectivity in performing contract work would not be otherwise impaired.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Mar 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved].

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

Document Number: RRB15Q0020 HELD Page 11 of 20

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

(iv) Alternate III (Oct 2014) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of com-mercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

Document Number: RRB15Q0020 HELD Page 12 of 20

(36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-13.

(37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O. 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

(42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Of-fice of Foreign Assets Control of the Department of the Treasury).

(45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 U.S.C. 3332).

(51) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.

2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

Document Number: RRB15Q0020 HELD Page 13 of 20

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Con-tracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Re-pair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

X (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- -Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records re-lating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indic-ated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor-tunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph

(l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down re-quired in accordance with paragraph (f) of FAR clause 52.222-40.

Document Number: RRB15Q0020 HELD Page 14 of 20

(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(x)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in ac-cordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a Firm Fixed-Price contract resulting from this solicitation.

(End of provision)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Govern-ment gives the Contractor a preliminary written notice of its intent to extend at least 30 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years (months)(years).

(End of clause)

Document Number: RRB15Q0020 HELD Page 15 of 20

RRB.A.05 A. General RRB Provision-5.Post award meeting

In order to codify the implementation and procedural issues attendant upon contract performance, a post-award meeting will be held at the RRB headquarters facility in Chicago, IL or via a conference call no later than five calendar days after contract award. The Con-tractor must attend this conference and be prepared to discuss the requirements of the contract. The Contractor will be responsible for all costs related to attending this meeting.

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond 09/30/2015. The Government's obligation for perform-ance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract pur-poses can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 09/30/2015, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov www.acquisition.gov/far [Insert one or more internet addresses]

(End of provision)

(a) The folowing federal acquisition regulation (FAR) solicitation provisions are herby incorporated by reference:

52.204-13, System for Award Management Maintenance (JUL 2013).

52.212-1, Instructions to Offerors (APR 2014).

52.212-2, Evaluation- Commercial Items (OCT 2014).

52.212-3, Offeror Representations and Certifications - Commercial Items (MAR2015).

52.212-4, Contract Terms and Conditions – Commercial Items (FEB 2014).

52.217-8, Option to Extend Services (NOV 1999) 52.233-1, Disputes…