Solicitation CDI LA 09 1796.doc

SSA-RFQ-09-1796

TABLE OF CONTENTS

SECTION A-

Standard Form (SF) 1449, Solicitation/Contract/Order for Commercial Items

SECTION B-

PRICING TABLES

SECTION C-

STATEMENT OF WORK

SECTION D-

CONTRACT TERMS AND CONDITIONS –

SECTION E-

CONTRACT CLAUSES

SECTION F-

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

COMMERCIAL ITEMS AND ADDENDA TO 52.212-3 OFFEROR

REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL

ITEMS

SECTION G-

52.212-1 INSTRUCTIONS TO OFFERORS-- COMMERCIAL ITEMS

SECTION H – 52.212-2 EVALUATION- COMMERCIAL ITEMS (JAN 1999)

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 SUPPLIES/SERVICES

The contractor shall furnish the necessary personnel, materials, services, and equipment except, as may be otherwise specified herein, and otherwise perform all tasks necessary for or incidental to providing investigative services for the Social Security Administration (SSA), in accordance with the specifications set forth in Addendum C-Statement of Work. The contractor shall provide fixed prices for performing investigative services as cited below:

B-2 PRICES/COSTS - BASE YEAR

The contractor shall furnish the necessary personnel, materials, services, and equipment, except as may be otherwise specified herein, and otherwise perform all tasks necessary for or incidental to providing the required investigative services for the SSA, OIG, in Los Angeles, CA in accordance with the specifications and requirements set forth in the Statement of Work of this contract. The contractor shall provide fixed per month prices for each investigator required by this contract. The per month prices provided below shall be all inclusive of all labor costs, benefits, FICA, taxes, overhead, etc. for providing investigative services for the initial contract period beginning October 1, 2009 (or date of award if later) thru September 30, 2010.

BASE YEAR – PRICING

October 1, 2009 THROUGH September 30, 2010

Investigator Services

(2 investigators @____________ each per month

Vehicles for Investigators*

(Includes 2 vehicles, leases, insurance, maintenance, mileage estimated at 5000 miles each @______ per mile)

Travel/Miscellaneous Expenses

(Includes training, parking, bridge tolls, etc.)

$12,000.00

TOTALS

Option Year 1—PRICING

October 1, 2010 THROUGH September 30, 2011

Investigator Services

(2 investigators @____________ each per month

Vehicles for Investigators*

(Includes 2 vehicles, leases, insurance, maintenance, mileage estimated at 5000 miles each @______ per mile)

Travel/Miscellaneous Expenses

(Includes training, parking, bridge tolls, etc.)

$12,000.00

TOTALS

* Please provide on a separate sheet as an addendum to Section B, Supplies and Services, how your prices for each item indicated above was established.

** Vehicle Expenses will be reimbursed for actual use only

*** Overtime will be reimbursed for actual use only.

SECTION C – STATEMENT OF WORK – SERVICES TO BE PERFORMED

BACKGROUND:

A. Introduction and Purpose

The Social Security Administration (SSA) proposes to contract for investigative services for the LA Cooperative Disability Investigations (CDI) Project.

The purpose of this project is to investigate suspected fraud against SSA’s Title II and Title XVI (Supplemental Security Income [SSI]) disability programs and other Federal and State programs, including Title XIX (Medicaid), that emanate from eligibility to these programs. Los Angeles, California is one of several sites that Social Security Administration (SSA) has chosen for this project. Suspected fraud will be identified by the California Disability Determinations Service (DDS), by SSA field offices, or through SSA’s fraud hotline and referred to the CDI team for investigation.

B. Legislative Authority

Adjudication of disability claims and ensuring the integrity of the disability claims process is authorized under Titles II, XVI, and XIX of the Social Security Act as amended.

C. Background

In addition to Los Angeles, California, CDI teams are currently in operation in or planned for the following sites: Atlanta, GA; Baton Rouge, LA; Boston, MA; Chicago, IL; Cleveland, OH; Dallas, TX; Denver, CO; Houston, TX; Los Angeles, CA Nashville, TN; New York, NY; Phoenix, AZ; Richmond, VA; St. Louis, MO, Salem, OR; Seattle, WA; Tampa, FL; and Newark, NJ. Each CDI team generally consists of one OIG Special Agent, one or more Management Support Specialist from an SSA field office, one or more state DDS personnel, and two or more law enforcement investigators.

D. Policy Significance

The purpose of the project and the CDI teams is to:

1. Prevent fraud by gathering sufficient independent evidence to allow the DDS to make a timely and correct determination (i.e., a denial or cessation when evidence of fraud or similar fault refutes evidence submitted by a claimant); and, 2.

Investigate and pursue criminal prosecution of medical providers, attorneys, translators, middlemen, and others involved in making or facilitating fraudulent disability claims or criminal acts.

PROJECT OBJECTIVES AND DESCRIPTION

The objectives of the contract under this solicitation are to:

1. Physically relocate two law enforcement investigators to the CDI project site in Los Angeles, CA.

2. Conduct investigations of suspected disability fraud cases referred to the CDI team to develop independent evidence of material facts to permit timely resolution of alleged fraud or similar fault.

3. Secondary to 2.above, pursue and take civil/criminal action against those who, as a result of CDI team investigations, are found to be violating Federal and/or State statutes.

SERVICES TO BE PERFORMED

Requirements

Under the leadership of the OIG Special Agent assigned to the project, the contractor will be responsible for investigating suspected fraud cases referred to the CDI unit. These investigations may require travel outside the Los Angeles, CA area and overnight duty.

The investigative agency will retain authority and responsibility over its assigned staff including responsibility for performance evaluations, performance deficiencies, disciplinary action, and managing any member of its department pursuant to local statutes. The investigative agency will assign two investigators to the LA CDI Unit with qualified individuals with law enforcement authority. If any investigator assigned to the unit needs to be absent for an extended period of time, (two weeks or more) the agency will provide back-up pre-approved investigative staff.

As the CDI unit’s Team Leader, the OIG Special Agent will be responsible for determining which cases are assigned to the investigators for investigation and how those investigations will be conducted. The investigative agency may request that the Team Leader provide its staff with input regarding performance evaluations of the investigators (subject to the limitations set forth above).

Specifically, the contractor will be required to:

01. Conduct surveillance and videotape the activities of Title II, XVI (SSI), and XIX (Medicaid) claimants/beneficiaries suspected of committing fraud or similar fault.

02. Interview suspects and other witnesses.

03. Conduct undercover operations.

04. Have experience with and access to multiple government databases (e.g., the National Crime Information (NCIC) and National Insurance Crime Bureau (NICB) and multiple other government law enforcement systems to obtain information on suspects.

05. Coordinate, as necessary, interaction with other State or local law enforcement agencies.

06. Prepare cases for referral to the United States Attorney or the appropriate State or local prosecuting attorney for criminal prosecution.

07. Maintain records of investigations to the standard that they may be used as evidence in court.

08. Participate in the preparation of required reports of activities.

09. Refer cases to the appropriate Federal, State, or local authority for criminal, civil and/or administrative action against those who, as a result of CDI Unit investigations, are found to be violating Federal and/or State laws.

10. Provide the California DDS and/or SSA personnel with copies of Reports of Investigation and associated relevant documents in order to prevent fraud, minimize loss, and expedite payments of benefits to qualified applicants.

11. Prepare time and attendance reports, maintain vehicle logs, attend staff meetings and receive training if needed.

12. Conduct investigations in accordance with OIG and local procedures or procedures developed specifically for the CDI team.

13. Provide testimony in criminal, civil and administrative proceedings.

14. Perform a wide variety of services essential to the effective operation of the CDI unit including, but not limited to: review and analysis of incoming correspondence;

arranging meetings and conferences; making travel arrangements; maintaining files and records; filing office records; copying and filing investigative reports; copying and mailing of investigative reports; answering the telephone and taking messages;

receiving and distributing incoming mail; assisting the CDI unit’s DDS liaison officer as needed; and keeping the CDI team leader informed of the status of issues and assignments.

B. Qualifications

The contractor must be able to provide investigators with law enforcement (Peace Officer) authority as defined by the laws of the State of California, to staff the CDI unit in Los Angeles and must have the necessary skills and experience to perform the job duties outlined above. They must also meet the two requirements stated below

Background investigations The US Government will conduct background investigations or reinvestigations of all proposed investigators assigned to the CDI Project to establish that they are suitable and eligible for a public trust or sensitive position. Background investigations will be conducted in accordance with applicable law and such policies as apply to the determination of suitability for employment with SSA’s Office of the Inspector General.

Competency to Testify In order for OIG to comply with Federal Law and U.S. Department of Justice policy, the investigative agency must certify that its investigators’ personnel files contain no information which might tend to place in question their credibility or their reputation for truthfulness. If any such information is contained in an investigator’s personnel files, the investigative agency shall so inform OIG before the investigator’s assignment to the CDI unit, so that OIG may make a determination (in consultation with the U.S. Department of Justice, if necessary) as to whether that investigator would be competent to testify in a Federal criminal trial.

C. Equipment

The contractor will provide the investigators with such personal equipment as is normally provided to all other investigators (e.g., weapons, body armor, vehicles, cellular phones, etc.).

Investigators' Vehicles:

The investigative agency will provide one vehicle to each of the investigators assigned to the CDI unit with the use of such vehicles restricted to CDI unit official use only. The vehicles assigned to the unit will be suitable for undercover surveillance. The investigative agency will be responsible for these vehicles’ leasing costs, including reasonable collision insurance, and all routine maintenance expenses. The investigative agency acknowledges that its investigators will be covered by its insurance program when operating the two assigned vehicles in the course and scope of its official duties.

Credentials, Identification and Job Descriptions The investigative agency will have the responsibility of providing its investigators with sufficient credentials and identification consistent with their duties and responsibilities. Also, the investigative agency shall ensure that the job descriptions of the investigators assigned to the CDI Unit encompass, and are consistent with the duties and responsibilities outlined above.

D. Disclosure and Confidentiality

The contractor will maintain safeguards to restrict the use or disclosure of applicant, beneficiary and recipient information in accordance with Federal and State of California privacy laws. Accordingly, all investigations and any information, data, evidence, etc. produced as a result will be treated on a confidential need-to-know basis. All files of the CDI Unit will be considered criminal investigative files of the SSA Office of the Inspector General. Disclosure of such files must be approved by the OIG Special Agent assigned to the CDI Unit, subject to OIG management oversight, and be in accordance with the Privacy Act of 1974, as amended, and regulations promulgated pursuant thereto.

SSA/OIG RESPONSIBILITIES

SSA/OIG will:

1. OIG will assign a Special Agent to act as the CDI unit’s team leader and coordinate the investigative operations of the CDI team. In this capacity, the OIG Special Agent will determine which suspected fraud cases referred to the CDI team will be investigated; assign cases for investigation; determine when investigations on a case should be concluded; and refer cases to the United States Attorney for criminal prosecution.

2. If, in the course of investigations, violations of California State or local civil and/or criminal statutes are discovered, the OIG Special Agent, in conjunction with the investigators, will refer such cases to the appropriate State or local prosecuting attorney for civil/criminal prosecution.

3. SSA/OIG will provide any necessary training to the investigators including, but not limited to: the operation of SSA’s disability programs; procedures developed specifically for the CDI team; use of databases, etc.

4. The OIG Special Agent will be responsible for coordinating interaction with other Federal law enforcement entities, including the U.S. Department of Justice.

5. SSA will provide office space, all necessary office equipment, supplies, computers, printers, telephones, etc. for the project.

LIABILITY

1. The investigative agency shall be responsible for the activities of its personnel assigned to the CDI unit.

2. The investigative agency agrees to assume civil liability for any tortuous act or omission of its employees while working in the CDI unit.

3. The investigative agency agrees that it will not be responsible or liable for the acts or any negligent, wrongful or tortuous act or omission performed by the assigned staff of other agencies for the duration of this contract.

4. The investigative agency acknowledges that its liability, if any, for the negligent or wrongful acts or omissions committed by its employees while they are participating as members of the CDI unit is governed by applicable Federal, state or local law or, with respect to employees of the Federal Government, by the Federal Tort Claims Act, 28 U.S.C. Section 1346(b), 2671 et seq. Participating agencies agree that they will not be responsible or liable for acts performed by personnel of other agencies during the duration of this contract.

5. The investigative agency will be responsible for ensuring that its investigators maintain firearm qualifications consistent with that agency’s applicable regulations and policies.

6. The investigative agency shall bear the risk of loss or damage to any vehicle or equipment utilized by its employee(s) while assigned to the CDI unit, except as otherwise specified in this contract.

7. The investigative agency acknowledges that the federal government with respect to non-federal law enforcement officers:

a. Will not provide representation to State and local law enforcement officers who cooperate with the SSA/OIG on an informal basis as part of their state or local duties;

b. Will not assume, contract or promise in any manner to consider indemnifying any individual law enforcement officer assigned to the CDI unit; and

c. Will not substitute the United States as a party defendant in civil litigation.

The investigative agency acknowledges that the Federal Government does not contract or promise to consider indemnifying the individual officer, substituting the United States as a party defendant in civil litigation, or providing representation to State or local law enforcement officers who cooperate with the SSA/OIG on an informal basis as part of their State or local duties unless they have been either deputized as Federal law enforcement officers or detailed to a Federal agency under the Intergovernmental Personnel Act, 5 U.S.C. Section 3374 (c)(2).

SOVEREIGN IMMUNITY

Notwithstanding any other statement to the contrary, nothing in this contract is intended as a waiver of sovereign immunity, nor shall anything in this contract be construed as consent by any participating Federal or State agency or political subdivision of the State of California, to be sued by third parties.

SECTION D - CONTRACT TERMS AND CONDITIONS

D-1 52.212-4 Contract Terms and Conditions – Commercial Items (MAR 2009) FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Items (OCT 2008) is incorporated by reference in accordance with Item 27a, on page 1 of the Standard Form (SF) 1449.

D-2 FAR Clause 52.252-2 – Clauses Incorporated by Reference (Feb 1998) This contract incorporated one or more clauses by reference, with the same force and effect as if they were given in full text available. Also, the full text of a clause may be accessed electronically at the following internet website – http://www.arnet.gov/far.

52.203-3 Gratuities

April 1984

52.224-1 Privacy Act Notification

52.224-2 Privacy Act

52.228-5 Insurance – Work on a Government Installation

Jan 1997

52.237-2 Protection of Government Buildings, Equipment

Apr 1984 and Vegetation D-3 FAR 52.204-7, Central Contractor Registration. (APR 2008)

(a) Definitions. As used in this clause—

Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government. Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

Registered in the CCR database means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that prospective awardees shall bee registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 numbers that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

D-4

PERIOD OF PERFORMANCE

The base period of performance for this contract shall be October 1, 2009 or date of award, whichever is later, through September 30, 2010.

The period of performance for option period one (if exercised) shall be October 1, 2010 through September 30, 2011.

The total duration of this contract (contract life) shall not exceed 48 months.

D-5

DESIGNATION OF CONTRACTOR PROGRAM MANAGER

The contractor shall designate the following individual as the Program Manager responsible for handling contract administration for the contractor:

Name: _______________________________ Title_________________________________ Telephone No._________________________ Address______________________________ Email ________________________________ D-6

CONTRACTOR’S KEY PERSONNEL

The performance of the work required by this contract shall be conducted under the direction of the SSA/OIG Special Agent in charge of the investigative operations of the CDI team.

The personnel (DHCS Investigators) specified in the contract are considered to be essential to the work being performed hereunder. If during the performance of the contract, a person proposed as “Key” can no longer fulfill that position, the contractor shall notify the Contracting Officer immediately and submit justification. (This information will be required prior to contract award)

D-7

SUBSTITUTION OF KEY PERSONNEL

(a) The contractor agrees to assign personnel in clause D-6 above to this contract. No substitutions shall be made except in accordance with this clause.

(b) The contractor agrees that during the first 90 days of contract performance no personnel substitutions shall be permitted unless such substitutions are necessitated by an individual's sudden illness, death, or termination of employment. In any of these events, the contractor shall promptly notify the contracting officer and provide the information required by paragraph (c) below. After the initial 90-day period, all proposed substitutions must be submitted, in writing at least 15 days in advance of the proposed substitution.

(c) All requests for substitution must provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information requested by the contracting officer needed to approve or disapprove the proposed substitution. All proposed substitutions must have qualifications that are equal to or higher than the qualifications of the person to be replaced, in addition to the minimum requirements stated herein. The contracting officer or his authorized representative will evaluate such requests and promptly notify the contractor of his approval or disapproval thereof.

D-8

DESIGNATION OF GOVERNMENT CONTRACTING OFFICER

Renata Terry, Contracting Officer, has been designated to administer the contractual aspects of this contract. Changes to the Statement of Work, contract prices, quantity, and quality or delivery schedule shall be made only by the Contracting Officer by a properly executed modification. All correspondence that in any way concerns the terms or conditions of this contract shall be submitted directly to the Contracting Officer at the following address:

Social Security Administration Telephone Number

(510) 970-8355

Regional Office, FMT, R-6

Fax Number

(510) 970-8106

Attention: Renata Terry

P.O. Box 4205

Richmond, CA 94804 D-9

DESIGNATION OF GOVERNMENT PROJECT OFFICER

The individual named below is hereby designated as the Government Project Officer (PO) for this contract. The PO is responsible for the technical administration of this contract, in accordance with the provisions of the clause included herein entitled, "Technical Direction." The PO’s mailing address is as follows:

Social Security Administration Telephone Number

(510) 970-8299

Regional Office, CD, R-6

Fax Number

(510) 970-8103

Attention: Joyce Talbot

1221 Nevin Avenue

Richmond, CA 94801 The Project Officer shall be responsible for coordinating with the contractor the technical aspects of the contract. The Project Officer is NOT authorized to make any changes which affect the contract amount, terms or conditions. The Contracting Officer is the only person with the authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the Statement of Work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the contractor for any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

D-10

TECHNICAL DIRECTION

Performance of the work under this contract shall be subject to the technical direction of the Project Officer. The term "technical direction" is defined to include, without limitation, the following:

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

Provision of information to the contractor which assists in the interpretation of [drawings], specifications or technical portions of the work description.

Review and, where required by contract, approval of [technical reports, drawings], specifications or technical information to be delivered by the contractor to the Government under the contract.

Technical direction must be within the general scope of work stated in the contract. The Project Officer does NOT have the authority to, and may NOT, issue any technical direction which: (1) constitutes the assignment of any additional work outside the general scope of the contract; (2) constitutes a change as defined in the contract clause entitled, "Changes;" (3) in any manner causes an increase or decrease in the total contract cost, or time required for the contract performance or (4) changes any of the expressed terms, conditions or specifications of the contract.

All technical directions shall be issued in writing by the Project Officer or shall be confirmed by him/her in writing within 5 working days after issuance. The contractor shall proceed promptly with the performance of technical directions duly issued by the Project Officer in the manner prescribed by this article and within his/her authority under the provisions of this article.

If, in the opinion of the contractor, any instruction or direction issued by the Project Officer is within one of the categories as defined in (1) through (4) above, the contractor shall not proceed, but shall notify the Contracting Officer, in writing, within 5 working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the contractor, the Contracting Officer shall issue an appropriate contract modification or advise the contractor, in writing, that, in his/her opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause of the contract. The contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the contract clause entitled, "Contract Terms and Conditions - Commercial Items."

D-11 Submission of Invoices The Contractor shall submit an original and two (2) copies of its invoice to the designated payment office (see Block 18a, page 1) for payment.

The contractor agrees to include the following information on each invoice submitted:

Company name and address;

Invoice date and number;

Contract number and contract line item number;

Description, quantity, unit of measure, unit price and extended price of the items/services actually shipped or provided;

Terms of any discount for prompt payment offered;

IRS Taxpayer Identification Number (TIN);

Name and address of official to whom payment is to be sent; and Name, title, and phone number of person to notify in event of defective invoice.

Remittance information associated with Electronic Funds Transfer payments is now available via the Payment Advice Internet Delivery (PAID) system on the Internet. Vendors interested in this option should go to http://arfc.fms.treas.gov/PAID.cfm. This Department of the Treasury site will explain what the system is, how it works, security and access information, a demonstration, and registration information. There is no charge to use the PAID System. All other payment inquiries may be directed to the Customer Service Group in the Social Security Administration’s Office of Finance at 410-965-0607. You can access SSA’s website at http://www/ssa.gov.

D-12

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 within 30 days before contract expiration.

D-13

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 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 48 months.

D-14

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

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

D-15

PLACE OF PERFORMANCE

The services shall be performed at the following address:

SSA/OIG Cooperative Disability Investigative Unit

3435 Wilshire Blvd., Federal Building

Suite 1790

Los Angeles, CA 90010 D-16

PERFORMANCE EVALUATIONS

The Social Security Administration is a subscriber to the National Institute of Health (NIH) Contractor Performance System (CPS). The CPS is a Federal, multi-agency, web-based system created to collect, maintain, and disseminate contractor performance information as required by the Federal Acquisition Regulation, Subpart 42.15. The system allows contractors to access interim and final evaluations electronically for review and comment following registration in the system.

All contractors who are currently engaged in the performance of a contract within this office must register with the CPS in order to access interim and final evaluations electronically. You may register using the following website: https://cpsconytactor.nih.gov. To register, simply logon and click on the "Register Here" link. This site provides instructions on how to register and offers computer-based training for contractors through the "CPS Contractor On-Line Training" hyperlink. There is no fee for registration or use of this system. Electronic evaluations are available to registered contractors for review 30 days from the date the evaluation is sent. You can obtain a copy of the Contractor Performance System User Manual at http://cps.od.nih.gov/files/crmanual.doc.

For those contractors who choose not to register or are unable to register electronically, please notify your Contracting Officer or the representative designated by your firm to receive a copy of the evaluations for comment. This individual will receive copies of your organization's evaluations by regular mail services. It will be the Contractor's responsibility to ensure that the Contracting Officer receives any comments your company may have within the period identified by the Contracting Officer. Comments after the specified period will not be accepted, unless an extension is requested of the Contracting Officer and is granted.

The Social Security Administration shall complete interim and final Contractor Performance Reports electronically through the National Institute of Health (NIH) Contractor Performance System.

When an interim or final contract performance report has been completed by Social Security the contractor will receive notification by e-mail with a PIN number that specifically identifies the evaluation. Each evaluation will receive an individual PIN number. In order to access the evaluation and respond electronically, contractors must first register online at http://ocm.od.nih.gov/cdmp/cps_contractor.htm.

Contractors are strongly encouraged to complete online training at http://contractorcbt.od.nih.gov prior to responding to an evaluation.

D-17

SECURITY REQUIREMENTS CLAUSE (AS 403)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (SEPT 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or access to a Federally-controlled information system.

D-18 0401 – SECURITY AND SUITABILITY REQUIREMENTS (AUGUST 2008)

Acronyms and Definitions Access to a facility, site, system or information means physical access to any Social Security Administration (SSA) facility or site, logical access to any of SSA’s information systems, or access to programmatic or sensitive information.

CO - Contracting Officer CPSPM – Center for Personnel Security and Project Management COTR – Contracting Officer’s Technical Representative PIV – Personal Identity Verification Purpose This clause provides information regarding the Social Security Administration’s (SSA) policies and procedures regarding the conduct of background investigations. The purpose of these investigations is to determine the suitability of contractor employees needing access to an SSA facility, site, system, or information. The clause also describes the process to obtain a PIV credential to gain access. The successful contractor will be required to follow the procedures set forth in this clause commencing at the time of award.

SSA requires all contractor employees to visit an SSA facility to obtain a credential after SSA has conducted and favorably adjudicated a background investigation. The COTR will inform the contractor of the location and time to obtain a credential.

This clause must be included in all subcontracts awarded by the contractor wherein subcontractor employees will have access to a facility, site, system, or information.

Authorities Homeland Security Presidential Directive 12 (HSPD-12) Office of Management and Budget Memorandum M-05-24 The Crime Control Act of 1990, Public Law 101-647, subtitle E, as amended by Public Law 102-190 (for childcare center security requirements) Executive Orders 10450 and 12968 and Title 5, Code of Federal Regulations (CFR), Parts 731, 732 and 736 (for positions assigned a “National Security” designation) Background Investigation and Adjudication Process The background investigation and adjudication processes are compliant with 5 CFR 731.

Required Forms

All contractor employees who will have access to a facility, site, system, or information must complete and submit to SSA the following forms. Some of the forms are available electronically (see website addresses below):

2 Forms FD-258, Applicant Fingerprint Chart (The CO will provide the FD-258 forms at the time of the contract award.)

NOTE: The contractor will be responsible for obtaining and providing acceptable fingerprints for use by SSA. Regardless of the method used to fingerprint employees (electronic capture or ink) the only acceptable fingerprint card is the FD-258.

Optional Form 306, Declaration for Federal Employment http://www.opm.gov/forms/html/of.asp Fair Credit Reporting Act (FCRA) Authorization Form http://www.opm.gov/extra/investigate/fin-1998/fin9802.asp If the employee is not a U.S. Citizen, the employee must provide SSA with a legible photocopy of his or her work authorization permit and social security card.

In addition to the forms above, every employee who will have access to a facility, site, system, or information must complete and submit ONE of the following forms:

Standard Form (SF) 85 for risk level 1 (Public Trust, Low Risk/Non-Sensitive), http://www.opm.gov/forms/html/sf.asp Standard Form (SF) 85P for sensitivity levels 5 or 6 (Public Trust, Moderate or High Risk), http://www.opm.gov/forms/html/sf.asp Standard Form (SF) 86 for sensitivity levels 2, 3 or 4 (National Security, Non-Critical, Critical –Sensitive or Special Sensitive), http://www.opm.gov/forms/html/sf.asp The risk designation associated with the work that the particular individual will be performing will determine which form the individual must complete. For this contract, the following risk designation(s) apply:

Labor Category Risk Designation N/A

Low (LR)

Forms Completion

The contractor must ensure that all forms are fully completed and signed prior to submission to SSA. The contractor must ensure that the fingerprint charts and all forms are printed legibly or typed in black ink and all signatures are in black ink. The contractor must also ensure there are no “breaks” in residences or employment. SSA requires complete addresses, including zip codes and phone numbers.

Forms Submission

The contractor shall submit a cover sheet, including the contract number, name, and social security number of all contract employees for whom they are requesting a suitability determination, along with completed forms and two FD-258 fingerprint charts to:

SSA

CPSPM Security and Suitability Team 6401 Security Boulevard Room 1260 Dunleavy Building Baltimore, MD 21235

Simultaneously, the contractor must submit a copy of the cover sheet to the COTR.

The contractor must submit these forms at least 15 days prior to the date work is to begin. For new contract employees who will need access to an SSA facility, site, information, or system, the contractor must submit these forms at least 15 days prior to beginning work under the contract.

Preliminary Suitability Determination A Federal Bureau of Investigation fingerprint check will be used as part of the basis for making a preliminary suitability determination. If SSA makes a favorable preliminary suitability determination, the individual may perform under the contract pending SSA’s final suitability determination. CPSPM will notify contractors, with carbon copy (cc) notifications sent to both the COTR and CO, of the results of these determinations.

SSA requires each contractor employee who will have access to a facility, site, system, or information to present two forms of identification after the contractor employee receives notification of a preliminary suitability determination but prior to beginning work under the contract. In order for SSA to continue the background investigation process and enroll the contractor employee in the PIV credentialing process, at least one of the forms of identification must be a Government-issued photo ID (please see Employment Eligibility Verification, I-9, for acceptable forms of ID).

Final Suitability Determination Final suitability determinations are made in approximately 45-90 business days after submittal of the completed forms to CPSPM. If CPSPM determines that any employee is unsuitable, the COTR, CO, and contractor will be notified and SSA will revoke the employee’s physical and logical access. The contractor must confirm receipt of the revocation within one business day.

A contractor is not entitled to an equitable adjustment of the contract as a result of SSA making an unfavorable suitability determination on contractor employees. Additionally, if SSA determines that the number or percentage of unfavorable determinations make successful contract performance unlikely, SSA may terminate the contract for cause or default.

Exceptions The COTR may request an exception to the normal background investigation process for emergency situations when access to a facility or site is needed, but where access to information systems or programmatic information is not required. This request must be directed to CPSPM. COTRs may request an exception by sending an email to dchr.ope.hspd12appeals@ssa.gov. If CPSPM grants temporary access, that temporary access will apply only for the period specified by CPSPM and only for the specific contract employee(s) identified by the COTR. CPSPM expects that it will rarely grant exceptions.

Contractor Notification to Government The contractor shall notify the COTR (who will notify CPSPM and the CO) within one business day if an employee is arrested or charged with a crime during the term of this contract, or if there is any other change in the employee’s status (e.g., the employee leaves the company; the employee no longer works under the contract; the employee’s alien status changes) that could impact the suitability determination for that individual. The contractor must provide in that notification as much detail as possible, including, but not limited to: employee name(s), contract number, the type of charge(s), if applicable, the court date, and, if available, the disposition of the charge(s).

Government Control The Government has full control over and may grant, deny, or withhold access to a facility, site, system, or information and may require the COTR and contractor to remove personnel from performing under the contract for reasons related to conduct even after the individual has been found suitable to work on the contract (see paragraph n., below).

Appeals Process for Unsuitable Determinations The contractor must notify the employee of any unsuitable determinations as soon as possible after receipt of such a determination. If the employee would like clarification or wish to appeal an unsuitable determination, his/her request must be in writing and submitted within 30 days of the date of the unsuitable determination. The request can be emailed to SSA at dchr.ope.hspd 12 appeals@ssa.gov, or mailed to:

Social Security Administration

Attn: CPSPM Suitability Program Officer

6401 Security Boulevard

Room 1260 Dunleavy Building

Baltimore, MD 21235

Removal from Duty

SSA may request that the contractor immediately remove any contractor employee(s) from working under the contract based on conduct that occurs after a pre-screening approval or favorable suitability determination. The contractor must comply with these requests. The Government's determination may be made based on, but not limited to, incidents involving the misconduct or delinquency as set forth below:

Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 Codes of Federal Regulations 101-20.3. This includes any local badge requirements.

Neglect of duty, including sleeping while on duty, unreasonable delays or failure to carry out assigned tasks; conducting personal affairs while on duty; and refusing to cooperate in upholding the integrity of SSA's security program.

Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also, participating in disruptive activities, which interfere with the normal and efficient operations of the Government.

Theft, vandalism, or any other criminal actions.

Selling, consuming, possession of, or being under the influence of intoxicants, drugs, or substances which produce similar effects.

Improper use of official authority or credentials.

Unauthorized use of communications equipment or Government property.

Misuse of weapon(s) or tools used in the performance of this contract.

Unauthorized access to areas not required for the performance of the contract.

Unauthorized access to employees' personal property.

Violation of security procedures or regulations.

Prior determination by SSA or other Federal agency that a contractor's employee was unsuitable.

Unauthorized access to, or disclosure of, agency programmatic or sensitive information, or IRS Tax Return information.

Unauthorized access to an agency Automated Information System.

Unauthorized access of information for personal gain (including, but not limited to, monetary gain), or with malicious intent.

Not providing for the confidentiality of and protection from disclosure of information entrusted to them. Contractor personnel are considered the same as Federal employees for the purposes of applying certain provisions of:

The Privacy Act of 1974;

The Tax Reform Act of 1976 and the Taxpayer Browsing Protection Act of 1997;

SSA regulation 1;

The Computer Fraud and Abuse Act of 1986; and

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