SSA-RFQ-09-1290.doc

SOCIAL SECURITY

Office of Budget, Finance and Management

March 18, 2009 Dear Potential Offeror:

The Social Security Administration (SSA) is seeking to establishment a five-year, Indefinite Delivery – Requirements contract for services to Plan and Deliver Training Related to Conducting Disability Hearings. I invite you to submit a quotation in accordance with the requirements of the enclosed Request for Quotation (RFQ) number, SSA-RFQ-09-1290.

Please submit your quotation electronically, in accordance with the Instructions to Offerors outlined in Section E-2 below, to the Contract Specialist, Kevin P. Muñiz, at Kevin.Muniz@ssa.gov, no later than 4:30pm, EST, April 2, 2009.

Note: The enclosed RFQ contains embedded files in Sections D and E.

Sincerely, Kevin P. Muñiz

Contract Specialist Table of Contents

SECTION B -

CONTINUATION BLOCK

SECTION C -

CONTRACT CLAUSES

C-1

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C-2

FAR CLAUSES INCORPORATED BY FULL TEXT

C-2.1 52.216-18 Ordering (OCT 1995) C-2.2 52.216-19 Ordering Limitation (OCT 1995) C-2.3 52.216-21 Requirements (OCT 1995) C-2.4 52.217-8 Option to Extend Services (NOV 1999) C-2.5 52.217-9 Option to Extend the Term of the Contract (MAR 2000) C-3 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (FEB 2009) C-4 Agency Specific Clauses and Term and Conditions C-4.1 Period of Performance C-4.2 Designation of Government Contracting Officer’s Technical Representative (COTR)

C-4.3 Technical Direction C-4.4 Designation of Government Contract Specialist C-4.5 Designation of Contractor’s Contract Representative C-4.6 Key Contractor Personnel

C-4.7 Substitution of Key Contractor Personnel

C-4.8 SSA 0402 Federal Information Security Management ACT (FISMA) and Agency Privacy Management (OCT 2008) C-4.9 Invoice Submission and Payment Related Information (MARCH 2009) C-4.10 Travel

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E -

SOLICITATION PROVISIONS

E.1 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) E.2 Addendum to 52.212-1 Instructions to Offerors – Commercial Items (FEB 2009)

E.3 Addendum to 52.212-2 Evaluation – Commercial Items (JAN 1999) E.4 52.212-3 Offeror Representations and Certifications – Commercial Items (FEB 2009)

SECTION B – CONTINUATION BLOCK

Addendum to Standard Form 1449

In accordance with Federal Acquisition Regulation (FAR) 12.302 (d) and 12.303, Section B contains addenda to the Standard Form 1449. The addenda contained in Section B, are part of the continuation of the schedule and description of the supplies and services, along with the associated prices.

B-1

SUPPLIES/SERVICES

The Contractor shall furnish all necessary personnel, materials, services, facilities, and equipment, except as may be otherwise specified herein, and perform all tasks necessary for, or incidental to, the performance of Disability Hearing Officer Training.

B-2

PRICING TABLE

(a) Basic Period of Performance - July 1, 2009 through June 30, 2010

Total amount for the Base Year $_________________

(b) Option Period One –The contract period of performance for option year one, if exercised, shall be July 1, 2010 through June 30, 2011.

Total amount for the Option Period One $_________________

(c) Option Period Two – The contract period of performance for option year one, if exercised, shall be July 1, 2011 through June 30, 2012.

Total amount for the Option Period Two $_________________

(d) Option Period Three - The contract period of performance for option year one, if exercised, shall be July 1, 2012 through June 30, 2013.

Total amount for the Option Period Three $_________________

(e) Option Period Four – The contract period of performance for option year one, if exercised, shall be July 1, 2013 through June 30, 2014.

Total amount for the Option Period Four $_________________

B-3

PURPOSE/OVERALL OBJECTIVE

To maintain the disability hearings process, SSA must provide for the training of employees involved in the disability hearing process. This is one of the objectives of SSA’s Office of Retirement and Disability Policy (ORDP), Office of Disability Programs (ODP). As a result, the purpose of this contract is to obtain the services of a contractor who can provide high quality classroom training in due process requirements (i.e., the conduct of a due process hearing as well as the hearing procedures designed by the SSA, and to produce well written, legally defensible decision documents).

B-4

BACKGROUND AND LEGISLATIVE HISTORY

(a) Background

SSA administers two programs that provide monetary benefits to disabled individuals: Disability Insurance (DI), authorized under Title II of the Social Security Act (the Act), and Supplemental Security Income (SSI), authorized under Title XVI of the Act. DI is a trust fund program to which workers contribute through payroll deductions and which provides monthly cash benefits to contributing workers. SSI provides assistance payments to blind and disabled individuals who qualify based on need.

Disability claims are initially filed in SSA field offices. Generally, State Disability Determination Services (DDSs) determine an impairment or combination of impairments that qualifies the claimant for disability benefits. To do this, the DDS disability examiner (DE)/medical consultant team performs a sequential evaluation of the claimant's alleged disability.

If the initial determination is to deny the disability claim, the applicant may request a "reconsideration" of the denial determination. This reconsideration is also generally performed by the DDS, but must be performed by someone who was not involved in the initial determination. Although additional medical evidence may be gathered in the course of the reconsideration, the determination is based on a paper review without any personal appearance by the applicant.

If the applicant is again denied at reconsideration, he or she may request a de novo hearing before an Administrative Law Judge (ALJ). The applicant may submit additional evidence, the ALJ may obtain additional evidence independent of the applicant, and the applicant may allege disability on a totally new or additional basis.

If the applicant is again denied at the ALJ level, he or she may request a review of the ALJ decision by the Appeals Council (AC). The AC is delegated authority from the Commissioner of SSA to make the final Agency decision in all Social Security appeals.

The AC performs primarily a paper review without seeing the applicant. The AC may uphold or reverse the ALJ’s decision, decline review or remand the case back to the ALJ for additional work.

If the AC upholds the applicant’s denial, there is no further administrative review of the case. However, the applicant may file a civil action in a United States District Court, with the right of appeal to the Court of Appeals and the opportunity to seek certiorari before the United States Supreme Court.

Once a claimant is found entitled to disability benefits under Title II or Title XVI, his/her claim is subject to a periodic review to determine if the claimant’s condition has improved to the point that he/she can return to work. If the claimant is able to work, the disability benefits cease. The periodic reviews are called Continuing Disability Reviews (CDR).

In 1970, the United States Supreme Court decided, in Goldberg vs. Kelly, that the due process clause of the Fourteenth Amendment requires a full individual evidentiary hearing before a recipient of government benefits on which the recipient relies on to live (welfare payments for example) can be deprived of such benefits.

(b) Legislative History Prior to January 1984, CDR determinations of disability cessation and reconsideration of cessation under Title II of the Act were handled with the same process as initial claims for disability. However, legislation was enacted in 1983 (Public Law (P.L.) 97-455) which required SSA to implement a medical improvement review standard and to change the way reconsideration of initial cessation determinations were processed under Title II of the Act. Under this statute, SSA was directed to offer the opportunity for an evidentiary hearing to beneficiaries who requested a reconsideration of an initial disability cessation determination. Goldberg vs. Kelly mandated the inclusion of Title XVI recipients in the evidentiary hearing process.

This evidentiary hearings process was established to address several concerns, including some beneficiaries' perception that the paper review reconsideration process was merely "a rubber stamp," a step not to be taken too seriously on the way to an ALJ hearing. This process provides beneficiaries with an opportunity for a face-to-face hearing before a decision-maker earlier in the administrative appeals process. Goldberg vs. Kelly mandated this process for Title XVI claimants.

B-5

SCOPE OF WORK

SSA has developed and implemented a process whereby disability beneficiaries who have been notified that their disability has ceased, did not exist, or is no longer disabling are provided a face-to-face due process evidentiary hearing at the reconsideration level of SSA’s appeals process. This due process hearing, commonly referred to as a disability hearing, is generally the responsibility of the DDSs; however, a Federal process has been established for States, which have declined the process, and for cases in which an SSA Disability Hearing Officer (DHO) made the initial determination. The decision maker at this face-to-face hearing is referred to as the DHO.

B-6

REQUIREMENTS

The contractor shall provide training to DHOs in how to conduct hearings that are consistent with the due process requirements as specified in the case of Goldberg v. Kelly, 397 U.S. 254 (1970). The contractor shall integrate specific instructions concerning SSA's DHO procedures into the course. The hearings are subject to the Federal Administrative Procedure Act.

The following are specific requirements:

(a) Provide suitable space for training, including adequate facilities for conducting and videotaping mock hearings. The training facility shall be easily accessible (i.e. include wheelchair ramps, and handicap equipped rest rooms) for trainees with disabilities.

(b) State the name of the law school the training facility is connected with and confirm that the American Bar Association (ABA) accredits it.

(c) Develop and maintain a full understanding of SSA's disability hearings procedures and have a basic understanding of the complete disability adjudication process under Titles II and XVI of the Act.

(d) Develop training manuals and deliver training courses on due process requirements, including how to conduct hearings that are consistent with the principles of due process. The DHO course content shall incorporate proper decision writing techniques as well as specific hearings procedures designed by SSA.

(e) Train employees who are well versed in the medical and vocational factors of the subject matter, but who lack the necessary training in the legal theory of conducting face-to-face hearings.

(f) Provide mock hearings in which the trainees serve as DHOs in at least two hearings, and play the roles of other hearing participants in several other hearings. These mock hearings, which comprise a major segment of the DHO course presentation, shall be videotaped and personally critiqued by the contractor's training staff. The critique shall be done either the day of, or the day following, the mock hearing.

(g) Provide training in preparing well explained, legally defensible decision documents.

(h) Provide oral or written (or both) feedback to the students and to SSA personnel on the progress of the students.

(i) Provide, upon request, an 8-day DHO training course at the contractor’s home site for a maximum of 25 students. The main focus of this training course is to teach DHOs how to conduct hearings that are consistent with the due process requirements as specified in the case Goldberg v. Kelly, 397 U.S. 254 (1970). The length of each DHO course shall be 8 days, with the first Monday and the last Friday being travel days.

(j) Provide, upon request, an 8-day DHO/IVT training course (via the Interactive Video Tele-training System) located at SSA Headquarters in Baltimore, Maryland, or at such location that SSA deems necessary. The main focus of this training course is to teach DHOs how to conduct hearings that are consistent with the due process requirements as specified in the case Goldberg v. Kelly, 397 U.S. 254 (1970).

(k) Provide, upon request, a 3-day training course for DDS Administrators and SSA Managers at the contractor's home site. This course would focus on topics such as the development and elements of due process, an overview of the disability hearings process, and the role and expectations of the DHO.

(l) Provide, upon request, a 3-day Facilitator training course at the contractor's home site. This course would give facilitators an overview of the DHO training course and prepare them to facilitate (working with students and contractor) at the 8-day DHO/IVT training course.

(m) Provide, upon request, a 3-day refresher-training course for experienced DHOs via IVT located at the Social Security Administration in Baltimore, Maryland, or at such location that SSA deems necessary.

(n) Provide and develop, upon request, a package of materials, used to orient newly appointed DHOs who shall not be able to attend a formal class right away. This material, in conjunction with mentoring, shall allow new DHOs to conduct hearings until the full training is available.

(o) Provide the DHO training in a full electronic environment. This may include the use of lap top computers, an electronic case bank, video conferencing, electronic reproduction of case files, and other measures needed for performing disability hearings in an electronic environment.

Note: The contractor shall not be responsible for detailed training on disability issues.

B-7

MEETINGS

B-7.1 Orientation Meeting at Social Security Headquarters in Baltimore, MD – (Task 1) Within four weeks of contract award (or later if requested by SSA), the contractor shall meet with SSA staff at the SSA Headquarters in Woodlawn, Maryland, for a 1-day meeting. The purpose of the meeting is to brief the contractor on the duties of the DHOs Disability Experts (DE) and for the contractor to obtain information concerning the precise goals, concepts and plans developed for the DHO course. SSA anticipates no more than two contractor representatives shall be required to attend the meeting. The discussions will center on the prior DHO course manual and curriculum and necessary revisions to these materials.

In addition, the following topics will be addressed: case preparation and case development procedures, case flow, claimant recourse, staff types to be assigned, the hearing setting, hearing procedures, productivity estimates, decision format, decision review procedures, issues concerning training expectations and logistics.

B-7.2 Attendance at Disability Hearing – (Optional Task 2) Within four weeks of contract award (or later if requested by SSA), the contractor (to include contractor instructors) may be required to attend at least one disability hearing. This hearing may be conducted at the reconsideration level (the second step of the administrative review process as defined in 20 CFR 404.900, 404.913, 20 CFR 416.1400, and 416.1413) of the SSA's appeals process, to observe the hearings process in operation. Such hearings, which shall be arranged and approved by the Contracting Officer Technical Representative (COTR), shall be held as close as possible to the contractor's residence or place of business. The SSA anticipates this task to take no more than one business day.

Within one week following attendance at the hearing, the contractor shall submit a written report to the COTR describing the positive and negative observations with a focus on identifying training needs.

B-8

GOVERNMENT DELIVERABLE

Upon award of the contract, SSA shall provide the contractor with the existing DHO training manual and sanitized claims folders for assistance in preparing the course manual and case studies. The contractor shall review this material and suggest modifications to the DHO training manual at the request of the COTR.

B-9

CONTRACTOR DELIVERABLES AND ASSOCITATED TASKS

B-9.1 Proposed Training Plan and Materials for 8-day training course – (Task 3) Deliver, within six weeks of contract award, a proposed training plan and materials used to conduct DHO training as required in this SOW. The deliverable shall include:

· Proposed training schedule for first year of contract, to include proposed dates, locations and times of training courses.

· Course agendas, to include a detailed breakdown of the topics to be covered, order in which topics shall be addressed, activities to be included, and names of presenters for each topic.

· Lesson plans, including a statement of objectives for each course segment, and a detailed outline of the presentation for each segment. The lesson plans shall be in such detail that a substitute instructor, on short notice, could teach each course segment in a professional and competent manner by following the lesson plans. The course segments shall follow the course agenda agreed upon by the contractor and the COTR.

· Training manual for the course (given to each course participant). The manual should provided detailed materials for the participants that shall not only aid them during the training course, but also serve as a reference after the training is completed. The training manual shall include (but not be limited to) example, exercises, discussions that address medical and vocational testimony, evidence and issues directly related to disability hearings.

· Written course evaluation plans that allow the contractor and SSA to evaluate the effectiveness of course material, instructors and other factors that affect the overall quality of the course. At the conclusion of each course, the evaluation materials shall be used to help identify potential areas for improvement in future courses.

The training materials shall facilitate an eight-day, detailed training course related to how to conduct hearings that are consistent with the due process requirements as specified in the case Goldberg v. Kelly, 397 U.S. 254 (1970). The training shall comprehensively address the duties of a DHO and the knowledge needed to perform in such a capacity, including disability adjudication process, disability program eligibility, medical and vocational issues and rules, initial adjudication of claims, rules for adjudication of continuing disability review (CDR) cases, and due process.

Prepare the training materials in a manner that provides the opportunity to deliver the DHO training in a full electronic environment. This may include the use of lap top computers, an electronic case bank, video conferencing, electronic reproduction of case files, and other measures needed for performing disability hearings in an electronic environment.

Allow for the revision of the training materials at any time over the life on the contract, in response to legislative, regulatory, or other changes that affect the work of DHOs or how cases are handled.

Note: SSA shall maintain unrestricted ownership of and the rights to use, modify, and reproduce all lesson plans, materials and other products developed by the contractor. This right shall be without further obligation to or dependence on the contractor.

B-9.2 Pilot Course and implement needed modifications – (Task 4) Deliver, at the SSA’s convenience, but no earlier than 10 weeks after contract award, a “pilot” eight-day training course based on the finalized training materials. Conduct the training at the contractor’s home site and include a maximum of 25 students.

Upon completion of the course, prepare a written analysis of the overall effectiveness of the pilot course, to include, but not limited to such things as the curriculums, agendas, mock hearings, and time allotments. Submit the analysis to the COTR within one week following the completion of the pilot course.

The COTR shall review the contractor's written analysis, and shall inform the contractor, either in writing or orally, of the results of the review. Based on this review, and on the contractor's analysis of the course curriculum and the disability hearings process, the contractor shall submit to the COTR, suggested modifications and revised lesson plans, which the contractor believes, shall improve the course presentation. Submit the suggested changes to the COTR within two weeks following receipt of the COTR's review of the analysis. The COTR shall approve a final course design based on the contractor's suggested changes and/or any changes, which SSA feels, shall improve the course presentation.

Note: If the review process reveals the need to conduct a face-to-face meeting, the contractor, and one contractor representative, might be required to attend a 1-day meeting held at SSA Headquarters in Woodlawn, Maryland.

B-9.3 Standardized Courses – (Task 5) Deliver and conduct at least one additional 8-day training course the first year of the contract using the approved training manual and associated materials. SSA shall have the option to order up to three additional courses. In subsequent contract years (if exercised), deliver a minimum of two courses per year, with SSA having the option to order up to two additional courses (4 courses total per year).

Conduct the standardized 8-day DHO training classes at their home site and include a maximum of 25 students. Authorize two additional days as travel days for students when completing this training course (the day before the training class begins and the day after the training class ends). The SSA shall provide at least 30 days, unless the contractor accepts a shorter period, advance notice to the contractor for delivery of this training.

B-9.4 Proposed Training Materials for 3-day training course for DDS Administrators and SSA Managers – (Task 6) Deliver, within 12 weeks of contract award, proposed training materials to conduct a 3-day training course, targeted at State Disability Determination Service (DDS) Administrators and SSA managers. Model this course after the existing DHO training course; however, place emphasis on administrative adjudication, the scope of management authority over DHOs, the principles of due process, the SSA disability hearings process, and the role and responsibility of the DHO and other hearings participants. Note: The actual conduct of a hearing would be addressed but not examined in depth.

The course handbook and materials used for training DHOs may be used for this training or may be augmented or supplanted by information provided by SSA because of program updates. The proposed training materials should include agendas, lesson plans and training manuals that shall provide a comprehensive view of the course content, delivery methods, and course evaluation procedures.

B-9.5 3-day DHO Training Course for DDS Administrators and SSA Managers – (Task 7) Deliver and conduct one 3-day course each year, using the final approved materials developed under Task 6, targeted at DDS Administrators and SSA Managers. Scheduling of this course held at the contractor’s site is at the convenience of SSA. The SSA shall provide at least 30 days, unless the contractor accepts a shorter period, advance notice to the contractor for delivery of this training.

B-9.6 8-day training course via Interactive Video Tele-training (IVT) – (Optional Task 8) Deliver and conduct, if deemed necessary by SSA, the 8-day DHO Training Course via IVT, up to two sessions per year. Deliver the course using the approved training manual, course agenda and lesson plans developed for the in-person course. Deliver the training from SSA Headquarters, First Floor East Low Rise Building, Baltimore, Maryland, or at such location that SSA deems necessary. SSA shall have the option of ordering up to two 8-day IVT training courses per year. Make revisions, if needed, to the training agendas or materials to ensure the course is conducive to training via IVT. The SSA shall provide at least 60 days, unless the contractor accepts a shorter period, advance notice to the contractor for delivery of this training.

B-9.7 3-day Facilitator Training – (Optional Task 9) Deliver and conduct, if deemed necessary by SSA, up to two (2) 3-day facilitator-training sessions. This class shall provide facilitators with an overview of the DHO class and instructions on what is expected of them during the DHO training class. The facilitator is the intermediary between the students and the contractor.

B-9.8 IVT Refresher Training for Experienced DHOs – (Optional Task 10) Deliver and conduct, if deemed necessary by SSA, a 3-day refresher-training course for experienced DHOs via IVT. The contractor shall provide up to two (2) courses per year at SSA’s request. In general, this class shall last about 3 days and cover areas that the contractor and SSA agree shall require refresher training. These may include limits of DHO authority (e.g., that medical evidence must be the foundation of any finding of disability); proper use of witnesses; avoidance of ex parte evidence; proper questioning techniques; recommendations for dealing with various problem situations; weighing evidence; and key elements of a decision. SSA shall canvas the Disability Hearing Units (DHU) for their refresher needs and provide the results to the contractor.

B-9.9 Orientation Package for New DHOs – (Optional Task 11) Produce and deliver, if deemed necessary by SSA, a video and other materials that shall serve as an orientation for newly appointed DHOs who need to begin conducting hearing before they can attend the full training course.

Many newly appointed DHOs need to begin holding hearings almost immediately. Orientation and information are needed that can be used, in conjunction with mentoring, so that the new DHO shall able to conduct hearings while waiting to receive the required full training provided under this contract.

Develop materials that all DHUs can use to orient new DHOs. This material will be for the new DHOs the DHU wants to begin conducting hearings right away, and who cannot immediately, or soon enough, receive the full training provided under this contract (e.g., no class immediately available, next class full, or too late to get into next class). This orientation shall not be a substitute for the full training, rather a temporary measure that shall be complemented by the full training when it is available.

In general, it shall be a program that can be completed in about 3 days by the new DHO at his/her worksite. The program shall include DVDs (and/or other alternative video format), a guide to reference materials and various desk aids. The DVDs shall include:

· Introduction and overview of the DHO role;

· Critical hearing requirements (e.g., claimant’s right to know what evidence the DHO has);

· Objective questioning;

· Demonstration of important stages of a hearing (e.g., explaining DHO role to claimant, controlling presence of witnesses, administering an oath);

· Demonstration of proper techniques (e.g., getting relevant information, appropriate/inappropriate ways to ask questions, dealing with problem situations, such as inebriated claimant); and

· Decision writing principles and tips.

The desk aids may include but are not limited to the oath; some key hearing principles; and where to find key rules and procedures in regulations and POMS.

B-10

ADDITIONAL REQUIREMENTS INFORMATION

B-10.1 Course Modifications At any time during the period of performance, SSA may modify the course content as appropriate to account for evolving changes in disability hearings policies and procedures. The SSA shall provide the contractor such changes in the form of a "paper copy" for the contractor's use in updating the training manuals. The COTR shall notify the contractor when course modifications are necessary and the timeframe for completion. The COTR shall work closely with the contractor to effectively complete course modifications that happen on an as needed basis. Expect infrequent and relatively minor changes that shall have little impact on the overall course content.

B-10.2 Course Structure/Number of Students Pilot courses and standardized courses for hearing officers -- each course shall last eight government workdays, beginning on Tuesday and ending on Thursday of the following week (the first Monday and the last Friday being travel days). Each day of a course shall last the normal 8-hour business day and shall include time for breaks and lunch as covered by the course agenda. For the entire period of performance, classes shall consist of approximately 25 students. However, if an IVT class is needed, the total number of participants may exceed 500. It is the government's expectation that multiple activities shall occur simultaneously. For example, two to three separate mock hearings may be conducted and videotaped at the same time.

Training for DDS Administrators/SSA Managers -- each course shall last three (3) government workdays, beginning on Tuesday and ending on Thursday, with Monday and Friday being travel days. Each day of a course shall last the normal 8-hour business day and shall include time for breaks and lunch as covered by the course agenda. Classes shall consist of no more than 25 students in any period of performance.

The COTR, or the COTR's designee, may monitor the course presentations to ensure that disability hearing procedures and initial disability adjudication concepts are incorporated into the training.

The contractor shall reserve, upon the request of the contract officer’s technical representative, up to one-half of the first day of each course for an SSA representative to make a presentation to the trainees. This presentation would have no impact on the work of the contractor.

B-10.3 Videotaping of Mock Hearings SSA intends to use the videotaping of mock hearings as a training tool only. There is no need to retain tapes after each hearing critique.

B-10.4 Course Evaluations SSA may provide the contractor with a sufficient supply of student evaluation forms, to be distributed to each student prior to the completion of the training session. Student evaluation forms shall be used to measure the appropriateness/effectiveness of the course material and the effectiveness of the instructor. The contractor shall forward the completed evaluation forms to the SSA COTR or his/her designee within three Government workdays following the completion of the training session. The contractor may be required to make changes to the training material and/or instructor approach based on student comments.

B-10.5 Course Instructors The contractor is not limited to using the same instructor for each training session. SSA must approve each instructor utilized prior to adding to the contract. However, in the event of an emergency, which would preclude any instructor from starting a training session and/or completing a session already in progress, the substitute instructor must be one whose resume has previously been approved by SSA. If an emergency should occur and a substitute instructor is required, the contractor must immediately notify the SSA COTR, or his/her designee, by telephone to provide the name of the substitute instructor. SSA reserves the right to approve or disapprove all instructors.

B-10.6 Training Facility For regular DHO classes (not to exceed 25 students), the contractor shall provide a training facility which offers an effective and professional environment and is suitably equipped for conducting the training. The facility shall be in close proximity to providers of food and lodging for the trainees. The facility shall be accessible to persons with disabilities, in accordance with the provisions of Health and Human Services Acquisition Regulation 352.270-1, Accessibility of Meetings, Conferences, and Seminars to Persons With Disabilities (Apr 1984). For IVT classes, the contractor shall provide training at SSA Headquarters, First Floor East Low Rise Building, or at such location that SSA deems necessary. The facility shall be associated with a law school accredited by the American Bar Association.

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SECTION C – CONTRACT CLAUSES

C-1

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer (co) shall make their full text available. Full electronic versions of the text are located here: http://www.arnet.gov/far.

In accordance with FAR Subpart 12.301, the clause at 52.212-4 is incorporated by reference (See SF 1449 Block 27 a).

C-2

FAR CLAUSES INCORPORATED BY FULL TEXT

C-2.1 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the base year period (and option periods, if exercised totaling a five-year period).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

C-2.2 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _(Completed at time of award)_, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor —

(1) Any order for a single item in excess of _(Completed at time of award)_;

(2) Any order for a combination of items in excess of _(Completed at time of award)_; or

(3) A series of orders from the same ordering office within _2_ days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _5_ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C-2.3 52.216-21 Requirements (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 calendar days following the last day of the period of performance.

C-2.4 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 Officer may exercise the option by written notice to the Contractor up to and including the last day of the current contract period of performance.

C-2.5 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 any timeframe the Contracting Officer deems necessary during that current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days 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 60 months.

C-3 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders-Commercial Items (FEB 2009)

(a) The contractor shall comply with the following federal acquisition regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___ (ii) Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(b) The contractor shall comply with the FAR clauses in this paragraph (b) 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) 52.203-6, Restrictions On Subcontractor Sales To The Government (SEP 2006), With Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13 Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub.L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.219-3, Notice Of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

__ (4) 52.219-4, Notice Of Price Evaluation Preference For HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (5) [Reserved]

__ (6)(i) 52.219-6, Notice Of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) Of 52.219-6.

__ (iii) Alternate II (MAR 2004) Of 52.219-6.

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

__ (ii) Alternate I (OCT 1995) Of 52.219-7.

__ (iii) Alternate II (MAR 2004) Of 52.219-7

_X_ (8) 52.219-8, Utilization Of Small Business Concerns (MAY 2000) (15 U.S.C. 637(d)(2) and (3)).

_X_ (9)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) -(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.

_X_ (10) 52.219-14, Limitations On Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__ (11) 52.219-16, Liquidated Damages-Subcontracting Contracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (12)(i) 52.219-23, Notice Of Price Evaluation Adjustment For Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (JUN 2003) Of 52.219-23.

__ (13) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small

Business Set-Aside (MAY 2004)

__(16) 52.219-28, Post-Award Small Business Program Representation (JUNE 2007) (15 U.S.C. 632(a)(2)).

_X_(17) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

__(18) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

_X_(19) 52.222-21, Prohibition of Segregated Facilities(FEB 1999).

_X_(20) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X_(21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X_(22) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

_X_(23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_ _(24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

__(25) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (26)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to thee 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 thee acquisition of commercially available off-the- shelf items).

__ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259(b).

__ (28)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__(ii) Alternate I (DEC 2007) of 52.223-16

__ (29) 52.225-1, Buy American Act-Supplies (FEB 2009)(41 U.S.C. 10a-10d).

__(30)(i) 52.225-3, Buy American Act – Free Trade Agreements – Israeli Trade Act (FEB 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub.L. 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (JAN 2004) of 52.225-3.

__(iii) Alternate II (MAY 2002) of 52.225-3.

___ (31) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_(32) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150)

___ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

___ (35) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (36) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_(37) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (38) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

___ (39) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

__(40) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (41)(i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b)).

___ (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 Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

_ _ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989 ) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_ _ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_ _ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U.S.C. 351, et seq.)

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009) (41 U.S.C. 351, et seq.)

(7) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31 U.S. C. 5112(p)(1))

(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…