Sol_1605C1-24-R-00002.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CAS

S-4307 200 Constitution Ave, NW Customer Acquisition Services US Department of Labor

OSHA DC NAT SHIP 19 CODE 16. ADMINISTERED BYCODE

X

X

541611

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORCAS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

11/10/2023 05:00 P.M. ET

10/11/2023

404-302-5824Oneisha Pickard (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1605C1-24-R-00002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 84 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20210

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20210

ATTN: LASHANTE BATTLE C

ROOM N3119

200 CONSTITUTION AVENUE, NW

US DEPARTMENT OF LABOR

15. DELIVER TO

Washington DC 20210 S-4307 200 Constitution Ave, NW Customer Acquisition Services

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$21.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US Department of Labor

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

X

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The U.S. Department of Labor (DOL), Occupational Safety and Health Administration, Directorate of Enforcement Programs (DEP) requires occupational safety and health experts to serve as expert witnesses, to develop and review of enforcement-related compliance assistance products and materials, and to act as consultants to respond to contested cases of OSHA enforcement inspections in accordance with the Government's

PWS.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Ericka Graham

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The anticipated contract will be a single award

Indefinite Delivery Indefinite Quantity (IDIQ) contract with a period of one 12-month Base period and four 12-month option periods.

Questions are due October 20, 2023 at 12:00 PM ET.

Responses are due in accordance with Block 8 of this form.

All correspondence must be sent via email to

Oneisha Pickard, pickard.oneisha.s@dol.gov, and

Ericka Graham, graham.ericka@dol.gov.

Period of Performance: 12/24/2023 to 12/23/2024

0001 Occupational Safety and Health Experts Services

Product/Service Code: R424

0002 Other Direct Costs

Product/Service Code: R424

1001 Occupational Safety and Health Experts Services

(Option Line Item)

(Anticipated Option Exercise Date) 11/23/2024

Product/Service Code: R424

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

84 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 84

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C1-24-R-00002

Period of Performance: 12/24/2024 to 12/23/2025

1002 Other Direct Costs

(Option Line Item)

(Anticipated Option Exercise Date) 11/23/2024

Product/Service Code: R424

Period of Performance: 12/24/2024 to 12/23/2025

2001 Occupational Safety and Health Experts Services

(Option Line Item)

(Anticipated Option Exercise Date) 11/23/2025

Product/Service Code: R424

Period of Performance: 12/24/2025 to 12/23/2026

2002 Other Direct Costs

(Option Line Item)

(Anticipated Option Exercise Date) 11/23/2025

Product/Service Code: R424

Period of Performance: 12/24/2025 to 12/23/2026

3001 Occupational Safety and Health Experts Services

(Option Line Item)

(Anticipated Option Exercise Date) 11/23/2026

Product/Service Code: R424

Period of Performance: 12/24/2026 to 12/23/2027

3002 Other Direct Costs

(Option Line Item)

(Anticipated Option Exercise Date) 11/23/2026

Product/Service Code: R424

Period of Performance: 12/24/2026 to 12/23/2027

4001 Occupational Safety and Health Experts Services

(Option Line Item)

(Anticipated Option Exercise Date) 11/23/2027

Product/Service Code: R424

Period of Performance: 12/24/2027 to 12/23/2028

4002 Other Direct Costs

(Option Line Item)

(Anticipated Option Exercise Date) 11/23/2027

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 84

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C1-24-R-00002

Product/Service Code: R424

Period of Performance: 12/24/2027 to 12/23/2028

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

B - Supplies or Services/Prices

B.1 MINIMUM GUARANTEE

The Government's only obligation is the Guaranteed Minimum Quantity of Service for the Base Period under the contract. The minimum amount is $1,000.00 of task orders for the base year contract. PLEASE NOTE: GUARANTEED TASKS WILL ONLY BE ISSUED FOR BASE YEAR CONTRACTS IN THE AMOUNT OF $1,000.00 TO BE ESTABLISHED BEFORE THE LAST DAY

OF THE BASE YEAR.

B2. CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum contract value for all orders issued against this contract shall not be less than the minimum amount stated in the following table. The maximum contract value for all orders issued against this contract shall not exceed the maximum amount stated in the following table.

MINIMUM AMOUNT MAXIMUM AMOUNT

$1,000.00 $6,405,588.66

THE MAXIMUM AMOUNT OF $6,405,588.66 IS NOT A GUARANTEE. THE GOVERNMENT SHALL NOT EXCEED THE MAXIMUM AMOUNT OVER THE LIFE OF THE CONTRACT WHICH INCLUDES; ONE (1) 12-MONTH BASE PERIOD AND

FOUR (4) 12-MONTH OPTION PERIODS.

B.3 IDIQ PRICING TABLE

The Service Contract Labor Standards, formerly the Service Contract Act (SCA), apply to this contract for applicable labor categories.

Wage Determination 2015-4281 is provided (Attachment D) for the Washington, DC area. However, please provide pricing in accordance with the Wage Determination for the proposed location of work.

PRICE/COST SCHEDULE

ATTACHMENT A - IDIQ Pricing Table

Vendor's Name: Fully Burdened Rates (Hourly)

Labor Categories Proposed Alternate Labor Category/Cost

Base Period

Option Period 1

Option Period 2

Option Period 3

Option Period 4

Program Manager 1

Program Manager 2

Principal Executive 1

Principal Executive 2

Executive Consultant Executive Consultant Executive Consultant Senior Analyst:

Principal 1

Senior Analyst:

Principal 2

Senior Analyst:

Principal 3

Senior Analyst:

Principal 4

Senior Analyst:

Principal 5

Senior Analyst: SME Senior Analyst: SME Senior Analyst 1 Senior Analyst 2 Analyst 1 Analyst 2 Analyst 3

Labor Subtotal:

ODCs to include, but not limited to: travel, specialized monitoring/analysis, records review

Total:

Note: The vendor shall propose labor categories and ODCs for this IDIQ contract based on the RFP requirements

B.4 IDIQ CONTRACT ORDERING PROCEDURES

1. IDIQ CONTRACT ORDERING PERIOD - The period of performance for each order placed under the IDIQ contract shall be specified in the individual order.

2. All the following conditions apply:

a) Under no circumstances may an order be placed under the IDIQ contract if the IDIQ contract has expired, been terminated or placed in a dormant status;

b) No Order may exceed the term of the IDIQ contract, inclusive of options from the date that the order is placed;

c) Order options, if included at initial issuance of the order, may be exercised after the IDIQ contract expires. However, the exercise of such options shall occur within 15 days of the IDIQ contract's expiration.

d) In the event an IDIQ contract Period of Performance ends prematurely (e.g., decision not to exercise an IDIQ contract option), an order Option that was originally awarded with an order, may be exercised for a period not to exceed 12 months. No further Order options may be exercised.

e) As directed by the Contracting Officer’s Representative (COR) and the Contracting Officer (CO), the Contractor shall continue performance in emergency or mission essential conditions. Additionally, the Contractor may be required to account for the whereabouts of their personnel should this information be requested by the COR.

B.5 ESTIMATED VALUE AND EXTENT OF GOVERNMENT OBLIGATION

The total amount of all orders placed under this IDIQ contract shall not exceed the IDIQ contract ceiling of $6,405,588.66. The minimum and maximum guarantee is specified in Section B.2.

B.6 CONTRACTING AND ADMINISTRATIVE AUTHORITY

The IDIQ contract will be administered by the U.S. Department of Labor’s Office of the Senior Procurement Executive (OSPE).

OSPE is the solely authorized to approve changes or modify any of the requirements contained within this IDIQ contract and/or within any subsequent order placed against the IDIQ contract.

B.7 EXPECTATION FOR IDIQ CONTRACT HOLDER

The IDIQ contract holder shall collaboratively share ideas and work together with the Government, for the purpose of determining best courses of action for the sake of the DOL. Synergy and problem solving on a collective level should benefit all stakeholders.

While having this expectation for the IDIQ contract holder, the Government will continue to adhere to appropriate protections for intellectual property and other proprietary information.

B.8 ORDERING PROCEDURES

All orders under the IDIQ contract shall be issued in accordance with the terms and conditions described here, along with all applicable federal acquisition regulations, DOL acquisition regulations, and DOL manual series. Procuring COs shall use appropriate standard forms for order placement and award, while ensuring that all orders clearly reflect the IDIQ contract award number. All orders issued shall be within the scope of the IDIQ contract. The issuance of orders will be subject to the procedures below:

- Work performed under this IDIQ contract is subject to the terms and conditions of the IDIQ contract, and each subsequent order. The vendor shall notify the CO in the event of a conflict between the terms and conditions of the IDIQ contract, and any subsequent orders.

- In its response to RFQs issued under this IDIQ contract, the vendor shall use only those labor categories, service categories, and/or supplies listed in schedule B.

- As the Government identifies specific requirements, the CO will solicit a quotation from the vendor. Personnel proposed to work on the order shall be available on the start date specified in the RFQ for that subsequent order.

- The vendor shall submit a quotation in response to the RFQ.

- The vendor shall not be obligated to provide any support services and/or supplies without written (electronic, facsimile, or paper) authorization from a CO.

- Orders will be evaluated for conformance with Section 508 of the Rehabilitation Act.

- The basis of award for each subsequent order will be specified in the subsequent order RFQ.

- When responding to a RFQ for a subsequent order, the vendor must address whether an organizational conflict of interest (OCI) may or may not exist. Should the vendor determine that an OCI may exist, it must identify the potential conflict and how it will mitigate or avoid that conflict during performance of the order or decline to submit a quote.

- All instructions for services are subject to the terms and conditions of the IDIQ contract and each subsequent order. In the event of conflict between the direction provided by the IDIQ contract and the subsequent order, the IDIQ contract takes precedence.

Additional Price and Discount Terms : The Government may secure additional discounts at the time of placing an order. On the spot discounts are authorized and encouraged

B.9 DELIVERY AND PLACE OF PERFORMANCE

The place of performance will be defined at the order level. Vendor employees may be permitted to telework in limited situations.

Vendor telework location (alternate duty station) is considered “on-site” for purposes of this IDIQ contract.

B.10 INVOICING PROCEDURES

Invoices shall be submitted in accordance with Updated Submission of Invoices (July 2023) Clause. Specific direction related to invoice submission requirements, frequency, etc. shall be included within each order.

B.11 POST AWARD EVALUATION OF VENDOR PERFORMANCE

Vendor Performance Evaluations: Interim and final Vendor performance evaluations will be prepared in the Department of Defense’s Contractor Performance Assessment Reporting System (CPARS) per Federal Acquisition Regulation (FAR) Subpart 42.15 and the CPARS user manual at www.cpars.gov/cparsfiles/pdfs/CPARS_User_Manual.pdf .

An interim vendor performance evaluation is prepared and completed as determined by the CO (known as the assessing official in (CPARS). The final performance evaluation is prepared and completed within 120 days after completion of the IDIQ contract order over the simplified acquisition threshold. Complete details on theB.11 POST AWARD EVALUATION OF VENDOR PERFORMANCE: Vendor Performance Evaluations: Interim and final Vendor performance evaluations will be prepared in the Department of Defense’s Contractor Performance Assessment Reporting System (CPARS) per Federal Acquisition Regulation (FAR) Subpart 42.15 and the CPARS user manual at www.cpars.gov/cparsfiles/pdfs/CPARS_User_Manual.pdf .

An interim vendor performance evaluation is prepared and completed as determined by the CO (known as the assessing official in (CPARS). The final performance evaluation is prepared and completed within 120 days after completion of the BPA order over the simplified acquisition threshold. Complete details on the business steps associated with the CPARS process is at FAR Subpart 42.15 and the CPARS User Manual at www.cpars.gov/cparsfiles/pdfs/CPARS_User_Manual.pdf.

Electronic Access to Vendor Performance Evaluations:

(1) The Vendor shall designate a Performance Evaluation Review Representative (PERR) (known as the vendor representative in CPARS) in paragraph (d) below who will be responsible for reviewing the vendor’s interim and final performance evaluation Page 6 assessments completed by the Government before the assessments are finalized in CPARS. The vendor is responsible for keeping its PERR information in paragraph (d) current with the CO throughout the life of this contract. Only the PERR may access, review, and comment on the vendor’s performance evaluations in CPARS prior to finalization.

(2) The agency Focal Point (FP) or Alternate FP, are the only individuals who can grant CPARS access to the PERR.

(3) Once award is made, the agency FP or Alternate FP will grant access to the PERR. The PERR will receive a system-generated email when: access has been granted to CPARS; and there is a performance evaluation assessment to review. Only the PERR receiving the email has access to the assessment.

(4) The CPARS website is www.cpars.gov. The website provides a drop down menu for “FAQs” and “Guidance,” where the PERR can obtain a CPARS User Manual. New PERRs can access on-line training at the drop down tab for “Training.”

(5) Vendor’s Designated Performance Evaluation Review Representative (PERR) (known as the vendor representative in CPARS) Name: Address: Phone: E-mail: UserID (complete if the PERR is an existing CPARS user): VENDOR’S ADMINISTRATOR: The vendor's representative responsible for handling BPA administration is: Name: [] Address: [] Phone[]

C - Description/Specifications

Performance Work Statement (PWS)

OSHA Directorate of Enforcement Programs Expert Witness and Compliance Assistance Support

PART 1 GENERAL INFORMATION

1.1. Description of Services/Introduction:

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to perform obtaining occupational safety and health experts (subject matter experts) to serve as expert witnesses that will significantly improve OSHA’s litigation efforts in carrying out its statutory responsibilities in the areas of occupational safety and health enforcement. In addition, the contractor will provide support in the development and review of enforcement-related compliance assistance products and materials, as well as public and private inquiries on OSHA standards, regulations, and its policies as defined in this Performance Work Statement. The contractor shall perform to the standards in this contract.

1.2. Background:

The Directorate of Enforcement Programs (DEP) is the office within the Occupational Safety and Health Administration (OSHA).

DEP supports OSHA's mission of enforcing occupational safety and health (S&H) regulations and standards. Through policy vehicles such as directives, instructions, and interpretations, DEP provides guidance to its field personnel (i.e., compliance safety and health officers (CSHOs)) on fair and consistent enforcement of OSHA regulations and standards, and for employers on their expectation to comply with OSHAs regulations and standards. DEP provides enforcement policy and compliance guidance in the areas of general industry (1910), maritime (1915, 1917, 1918), agriculture (1928), health hazards (e.g., noise, silica) in construction (1926), and federal agencies (1960). DEP also provides guidance on the application of the general duty clause, Section 5(a)(1) of the OSH Act. DEP also monitors inspection data and statistics to identify trends in all industries.

DEP works closely with other OSHA Directorates (e.g., Standards and Guidance, Construction) in the development of new information and ways of protecting workers from safety and health hazards. This includes the responsibility for all work including but not limited to providing expert witnesses and testimony before the legal systems, providing enforcement guidance through letters of interpretation (LOI), directives, and responding to occupational safety and health inquiries. The occupational safety and health subject matter experts and consultants will assist OSHA in its enforcement cases in litigation including but not limited to review case files, on-site visits, report writing, and testimony. The contract will also cover the use of specialized experts (e.g., financial/accounting) to evaluate the impact of proposed abatement to improve settlement outcomes of complicated enforcement cases. All work will involve OSHA standards, regulations, and its policies across the broad spectrum of its mission.

Expert witness and enforcement-related compliance assistance material may be developed, reviewed, posted and/or delivered on a wide range of safety and health topics, and may be presented in many different forms (e.g., HTML), including written documents, online materials, audiovisual materials, and on-line.

1.3. Objectives:

Provide occupational safety and health experts (subject matter experts) to serve as expert witnesses that will significantly improve OSHA’s litigation efforts in carrying out its statutory responsibilities in the areas of occupational safety and health enforcement.

Provide enforcement-related compliance assistance material may be developed, reviewed, posted and/or delivered on a wide range of safety and health topics, and may be presented in many different forms (e.g., HTML), including written documents, online materials, audiovisual materials, and on-line.

1.4. Scope:

The contractor shall provide services for providing occupational safety and health experts (subject matter experts) to serve as expert witnesses for OSHA’s litigated enforcement cases and to develop compliance assistance material. Services will include locating subject matter experts in occupational safety and health, and development of compliance assistance material on a wide range of safety and health topics. The contract will also cover the use of specialized experts (e.g., financial/accounting) to evaluate the impact of proposed abatement to improve settlement outcomes of complicated enforcement cases.

Confidential nature of both expert witness and enforcement-related compliance assistance work is considered high, but there is no requirement to have a security clearance.

No government property is being furnished for this procurement. The government will not provide space for an on-site Project Manager.

Approved travel for the expert witness associated with their work on a litigated case will be reimbursable in accordance with GSA travel regulations.

1.5. Period of Performance:

The period of performance shall be for one (1) Base Period of 12 months and four (4) 12-month option periods. The Period of Performance reads as follows:

Base Period 12/24/2023 – 12/23/2024 Option Period I 12/24/2024 – 12/23/2025 Option Period II 12/24/2025 – 12/23/2026 Option Period III 12/24/2026 – 12/23/2027 Option Period IV 12/24/2027 – 12/23/2028

The Government reserves the right to extend the term of this contract at the prices set forth in Section B in accordance with the terms and conditions contained in clause 52.217-9 entitled, “Option to Extend the Term of the Contract”.

1.6. General Information

1.6.1. Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”. After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. The QC plan must be delivered within 30 days of contract issuance.

1.6.2. Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3. Government Remedies:

The contracting officer shall follow FAR 52.212-4, “Contract Terms and Conditions-Commercial Items” or 52.246-4, “Inspection of Services-Fixed Price” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.6.4. Recognized Holidays:

The contractor is not required to perform services on these holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

1.6.5. Hours of Operation/Place of Performance:

The contractor is responsible for conducting the stated above services between the hours of 8:00 am – 6:00 pm (Eastern Time) Monday thru Friday, except federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this statement of work when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential. Telecommuting or “work at home” is authorized under this contract.

1.6.6. Type of Contract:

The government anticipates award of a single award Indefinite Delivery Indefinite Quantity (IDIQ) contract with fixed labor rates.

Task orders will be firm-fixed price or labor hour depending on the nature of the requirement.

1.6.7. Security Requirements:

1.6.7.1. Physical Security.

The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.8. Special Qualifications:

The contractor must provide subject matter experts that must have occupational safety and health professionals as a part of their workforce or immediately available for consultation, as well as specialized experts (e.g., financial/accounting) to evaluate complicated enforcement cases. The occupational safety and health professionals’ expertise and specialized experts shall be demonstrated such requirements as education, 5-10 years minimum experience, certification, etc., and they must understand U.S. Department of Labor/OSHA standards, regulations, and its policies, and have the knowledge and skills in assessing safety and health exposures and risks, control strategies, and general OSHA enforcement.

Key Personnel:

The following positions are considered to be essential to the successful performance of the work hereunder:

Subject Matter Expert:

The contractor agrees that personnel may not be removed from the contract work or replaced without compliance with paragraph (b) and (c) of this section.

(b) if one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days or is excepted to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the contracting officer’s representative and shall, subject to the concurrence of the contracting officer’s representative, promptly replace the personnel with personnel of equal ability and qualifications.

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer’s representative to evaluate the proposed substitutions. The contracting officer’s representative will provide concurrence in writing.

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default for for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

1.6.9. Post Award Conference/Periodic Progress Meetings:

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10. Contracting Officer Representative (COR):

A COR will be delegated separately.

1.6.11. Contract Manager:

The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer.

The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.6.12. Identification of Contractor Employees:

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel will not require Government badges in the performance of this service.

PART 2 DEFINITIONS & ACRONYMS

Contracting Officer’s Representative (COR). A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor

Defective Service. A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

DEP. Directorate of Enforcement Programs

DOL. Department of Labor

OSHA. Occupational Safety and Health Administration

PWS. Performance Work Statement

Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Quality Assurance. Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1 General:

The government shall provide as necessary OSHA documents to the vendor for successful execution of this contract. OSHA documents may include current Regulatory Agenda; OSHA Publications: guidance, standards, directives, and letters of interpretation;

and when necessary and available, speeches and presentation materials shared with the public through outreach efforts.

3.2 Equipment

The Government will not provide any equipment for this contract.

3.4 Facilities:

Contractor Site. The contractor will furnish all necessary workspace required to support the effort(s) outlined in this PWS, to include desk space, telephones, computers, and other items necessary to maintain an office environment.

PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 General:

Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish everything required to perform this PWS.

PART 5 SPECIFIC TASKS

5.1 Basic Services:

The Contractor shall perform assigned OSHA occupational safety and health expert witness/SME tasks in accordance with projected needs and requirements from the contracting officer representative (or regional designees). The work will include but not be limited to occupational safety and health tasks/assignments in one or more of the following areas:

5.2 Expert Witness:

Provide expert witness subject matter experts and specialized experts (e.g. financial/accounting) in subjects relevant to OSHA enforcement.

Make contact with potential expert witness subject matter experts and specialized experts within 3 business days.

Obtain signed non-disclosure agreement (NDA) for each litigated case from each expert witness subject matter expert and specialized experts (and provided to regional representatives).

Develop and maintain an occupational safety and health expert witness and specialized experts database.

Obtain occupational safety and health SME skills and knowledge (e.g., bios) of the OSHA standards, regulations, and its policies that are being defended.

Expert witnesses to appear and testify/present information as needed to include but not limited to litigation hearings and other meetings related to the enforcement of OSHA standards, regulations, and its policies.

Performing literature searches as needed to support testimony in support of OSHA.

Comparing observed health effects, injury and illness data, industrial hygiene and safety practices among several industry sector in order to help support OSHA’s standards, regulations, and its policies.

5.3 Enforcement-related Compliance Assistance:

Develop and/or review enforcement-related compliance assistance projects (e.g., reports, compliance directives, policy memoranda, inquiries).

Providing support work such as but not limited to presentation slides, WebEx, and graphics support OSHA’s assigned tasks and projects.

Review/evaluate studies by OSHA or other occupational safety and health SMEs or financial/accounting SMEs.

Retrieve and provide copies of identified literature relevant to specific enforcement standards, regulations, and policies.

Summarize literature on occupational safety and health specific topics.

5.4 Reporting

5.4.1 Generate a monthly report for deliver to the Directorate of Enforcement Programs (DEP) that summarizes at a minimum the experts names, the litigated case, hours provided, hours expended, and the work completed. The monthly report is due by the 15th of the following month.

5.4.2 Generate a bi-weekly report for deliver to the Directorate of Enforcement Programs (DEP) and respective regional representatives that summarizes at a minimum the experts names, the litigated case, hours provided, hours expended, and the work completed. The monthly report is due by the 1st and 15th of the following month.

PART 6 APPLICABLE PUBLICATIONS

6.1 Publications Applicable to This PWS:

Not Applicable.

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective Standard Performance Threshold

Method of Surveillance

PRS # 1.

PWS 5.2 Expert Witness

Compliance with tasks and guidance as specified in this section of the PWS.

90% error free draft reports/documents corrected to 100% error free within one revision cycle.

100% inspection by

OSHA COR

or Technical Monitor

PRS # 2.

PWS 5.3 Enforcement-related Compliance Assistance

Compliance with tasks and guidance as specified in this section of the PWS.

90% error free draft reports/documents corrected to 100% error free within one revision cycle.

100% inspection by

OSHA COR

or Technical Monitor

PRS # 3

PWS 5.4 Reporting

Compliance with tasks and guidance as specified in this section of the PWS.

90% error free draft reports/documents corrected to 100% error free within one revision cycle.

Random Sampling

OSHA COR

or Technical Monitor

TECHNICAL EXHIBIT 2

Deliverables Schedule

Expert Witness:

Deliverable Frequency Medium/Format Submit To Obtain use of occupational safety and health Expert Witnesses/SME

TBD, as needed/make contact with potential experts within three working days

Electronic file OSHA COR AND

TECHNICAL MONITOR

Develop and maintain an expert witness database

TBD, as needed ELECTRONIC

FILE

OSHA COR AND

TECHNICAL MONITOR

Monthly report of occupational safety and health expert witness/SME projects

15th workday of the following month

ELECTRONIC

FILE

OSHA COR AND

TECHNICAL MONITOR

Bi-weekly occupational safety and health expert witness/SME projects report to regional representatives

1st and 15th workday of the following month

ELECTRONIC

FILE

OSHA COR, TECHNICAL

MONITOR, and respective regional representatives

Enforcement-Related Compliance Assistance:

Deliverable Frequency Medium/Format Submit To Obtain use of occupational safety and health SMEs

TBD, as needed/make contact with potential experts within three working days

ELECTRONIC

FILE

OSHA COR AND

TECHNICAL MONITOR

Enforcement-related compliance assistance/ special products (e.g., reports, compliance directives, policy memoranda, inquiries)

TBD, as needed ELECTRONIC

FILE

OSHA COR AND

TECHNICAL MONITOR

Monthly report of occupational safety and health SME work

15th workday of the following month

ELECTRONIC

FILE

OSHA COR AND

TECHNICAL MONITOR

TECHNICAL EXHIBIT 3

Estimated Workload Data

NAME ESTIMATED QUANTITY

Program Manager 1 48 HR

Program Manager 2 220 HR Principal Executive 1 75 HR

Principal Executive 2 45 HR

Executive Analyst 1 50 HR

Executive Analyst 2 50 HR

Executive Consultant 1 - SME 5 HR

Executive Consultant 2 - SME 5 HR

Executive Consultant 3 - SME 5 HR

Senior analyst: Principal 1- SME 400 HR

Senior analyst: Principal 2- SME 600 HR

Senior analyst: Principal 3- SME 575 HR

Senior analyst: Principal 4- SME 525 HR

Senior analyst: Principal 5- SME 400 HR

Senior Analyst: SME 1 265 HR

Senior Analyst: SME 2 200 HR

Senior Analyst 1 100 HR

Senior Analyst 2 90 HR

Analyst 1 23 HR

Analyst 2 20 HR

Analyst 3 35 HR

D - Packaging and Marking

D.1 ADDITIONAL REQUIREMENTS

Any correspondence including, but not limited to letters, memos, e-mails etc. shall at a minimum include the following markings:

1. Date

2. IDIQ and Task Order number.

3. Project description as “DEP Expert Witness and Enforcement-Related Compliance”.

4. CLIN(s) when applicable.

E - Inspection and Acceptance

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 "CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

E.2 INSPECTION AND ACCEPTANCE

Inspection and Acceptance: The Contracting Officer or the duly authorized representative will inspect and accept materials and services to be delivered under this Indefinite Quantity Contract in conjunction with the requirements of the PWS. Additional inspection and acceptance requirements, if any, will be set forth in the Other Information/Project Background portion of this document or in Task Orders. Individual Task by the Agency and Accepting Authority Delivery orders issued by DOL will have its own acceptance official.

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

52.246-6 Inspection - Time-and-Material and Labor-Hour. (MAY 2001)

F - Deliveries or Performance

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.242-15 Stop-Work Order. (AUG 1989)

52.242-17 Government Delay of Work. (APR 1984)

G - Contract Administration Data

DOL 2023-03 Updated Submission of Invoices (July 2023)

DOL 2023-03

Updated Submission of Invoices (July 2023)

A. Applicability

Contracting Officers shall insert this clause in all solicitations and awards. For existing awards, the Contracting Officer will determine whether the contract action should be modified to incorporate the clause.

B. Definitions

None

C. Requirements

1. Electronic Invoice Submittal

Invoices for the services/goods provided under this award shall be submitted through the Department of Treasury's Invoice Processing Platform (IPP) or through the Department of Labor (DOL) Quickpay email system, as directed by the Contracting Officer. IPP is a Federal Government owned and operated website accessible to contractors free of charge. Information about IPP, including enrollment instructions, are available and should be obtained by the enrolled contractors directly from the Department of Treasury after award at, https://www.ipp.gov.

Per TFM Vol 1, part 4A, Chapter 200: Section 2055—Electronic Invoicing, Invoice Processing Platform (IPP)

Federal entities should consider using electronic systems and processes to streamline and improve efficiencies in government invoicing. IPP is a secure web-based electronic invoicing and payment information system provided by Fiscal Service. IPP allows federal entities to transform their existing paper-based order-to-pay processes into a streamlined electronic flow.

IPP provides a centralized location to view all transactions in the purchase-to-pay process. It transforms paper-based processes into an electronic process for both federal entities and their suppliers. IPP’s modular design allows federal entities to implement functionality in phases, according to their business needs. Federal entities use IPP to send electronic purchase orders to vendors, to receive electronic invoices from vendors, and for invoice routing and approval workflow. IPP uploads payment remittance information from Treasury and non-Treasury disbursed federal entities, allowing federal entities and their suppliers to view and download payment information.

A. The following instructions apply to Invoices submitted through IPP.Gov or the DOL Quickpay email system:

IPP invoice attachments SHALL NOT exceed the size limit of 10 megabytes (MB) each. However, you may submit multiple attachments of less than 10MB each with the invoices.

(i) DO NOT submit an invoice or attachment that uses shading or color.

a. An emailed Portable Document Format (PDF) image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.

b. An emailed Tagged Image File Format (TIFF) image must be black and white.

(ii) Quickpay users SHALL: provide a copy of the invoice and any attachments via email to the Contracting Officer's Representative (COR) at the address specified in the contract.

(iii) Quickpay users SHALL NOT: submit more than one attachment per invoice and the attachment shall not exceed 10MB. Any additional attachments will not be recognized.

(iv) DO NOT submit more than one invoice at a time.

(v) DO NOT attempt to use the "Recall or Resend" email message feature.

B. Electronic invoices shall be in PDF or TIFF format.

2. Paper Invoices shall be submitted via fax or U.S. mail.

Paper invoices may be sent via fax to: (202) 693-2862.

Mail paper invoices to:

Department of Labor

Office of Chief Financial Officer (OCFO)/Division of Business Process Improvement (DBPI)

200 Constitution Avenue, N.W. Room S-5526

Washington, DC 20210

3. General Information

Payment due date is to be calculated from the date the invoice is received in accordance with FAR 32.905 and the instructions above.

Inquiries regarding invoices must be emailed to OCFOinvoiceinquiries@dol.gov. The relevant invoice must be attached to the inquiry email and the subject line of the email must state "INQUIRY", as shown in the following example:

INQUIRY: Contractor Name, DOL Agency, Contract Number, BPA Call or Order Number, Invoice Number, Invoice Amount

The contractor SHALL NOT use the DOL electronic invoicing email address for inquiries about any invoice.

Questions

All questions regarding Electronic Invoicing shall be sent to the DOL Office of the Chief Financial Officer (OCFO) at OCFOinvoiceinquiries@dol.gov.

DOLAR 2952.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) CLAUSE

(a) A Contracting Officer's Representative (COR) will be delegated upon award. A copy of the delegation memorandum will be provided to the COR and a delegation letter sent to the vendor.

(b) The COR is responsible, as applicable, for receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

(End Clause)

H - Special Contract Requirements

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 ORDER OF PRECEDENCE

In the event of an inconsistency between the terms and conditions of this contract, resultant Task Orders, and contractor TO proposals, the IDIQ Contract/Task Order terms and conditions shall prevail: The order or precedence is as follows:

(a) The IDIQ contract;

(a) The TO; and

(b) The contractor TO proposals.

H.2 WORK ON A GOVERNMENT INSTALLATION

In performing work under this contract on a Government installation or in a Government building, the contractor shall:

(1) Conform to the specific safety requirements established by the Government location.

(2) Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract.

(3) Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel connected in any way with performance under this contract.

(4) Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes.

H.3 ACCESS TO GOVERNMENT PROPERTY AND FACILITIES

Access to any Government property and Federally-owned buildings or leased space, as well as its grounds shall be coordinated and approved prior to such access through the COR. When necessary, the Contractor shall submit properly completed security forms for all appropriate employee(s). All Contractor employees shall wear Government identification badges when instructed.

H.4 TASK ORDER FUNDING OBLIGATION

a) The Government is obligated only to the extent provided in each Task Order. Further, the obligation of the Government is limited, in the event of the incremental funding of Time-and-Material or Labor Hour CLINs, to the funding allotted to the CLINs as specified in a Task Order or a modification to the Task Order.

b) Time-and-Material and/or Labor-Hour CLIN. In the event of incremental funding of one or more Time-and-Material or Labor-Hour CLINs, the Task Order or modification to the Task Order will indicate the amount of funding allotted and available for payment pursuant to FAR 52.232-18 Availability of Funds (APR 1984).

H.5 IDENTIFICATION OF CONTRACTOR EMPLOYEES

All Contractor personnel attending and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

H.6 PROPRIETARY DATA, PRIVACY, AND SENSITIVE INFORMATION

Contractor shall not divulge or release data or information developed or obtained in performance of this task order/contract except as authorized by Government personnel or upon written approval of the Contracting Officer. The Contractor shall refrain from using the information for any purpose other than that for which it was furnished.

As required for performance under this PWS, Contractor personnel may be required to sign confidentiality/non-disclosure agreements.

Privacy Act Information: Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this contract are required to take proper precautions to protect the information from disclosure.

Sensitive Information: The Contractor shall not copy, release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C.