SSA-RFQ-11-1270.rtf

SSA-RFQ-11-1270

Addendum to Standard Form 1449

In accordance with Federal Acquisition Regulation (FAR) 12.302 and 12.303, this Section A contains addenda to the Standard Form 1449. The addenda, contained in Sections A & B are part of the continuation of the schedule and description of the supplies and services to be acquired.

INTRODUCTION

The Social Security Administration (SSA) requires investigative services for the Cooperative Disability Investigations (CDI) unit of the Office of Inspector General (OIG) in Los Angeles, California. The purpose of this contract is to obtain the services of investigators, who have law enforcement authority.

Section A - Pricing

PRICING

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 OIG, in Los Angeles, California, in accordance with the specifications and requirements set forth in attached Statement of Work.

The contractor shall provide fixed prices for each line item except the line item for training, parking, and tolls. The fixed prices for all other items shall cover all costs except training, parking and tolls.

CLIN

CLIN

Description Quantity Unit Unit Price Amount Base Period - Investigative Services

MO

Base Period - Overtime

HR

Base Period - Mileage

DH

Base Period - Training, parking, and tolls

Not to Exceed $7,000 Option Year I- Investigative Services

Option Year I- Overtime

Option Year I - Mileage 12000

Option Year 1 - Training, parking, and tolls

Not to Exceed $12,000 Option Year 2- Investigative Services

Option Year 2- Overtime

Option Year 2 - Mileage

Option Year 2 - Training, parking, and tolls

Option Year 3- Investigative Services

Option Year 3- Overtime

Option Year 3 - Mileage

Option Year 3 - Training, parking, and tolls

Option Year 4- Investigative Services

Option Year 4- Overtime

Option Year 4 - Mileage

Option Year 4 - Training, parking, and tolls

Grand Total

Section B - Supplies or Services

Statement of Work for the Cooperative Disability Investigations Project

BACKGROUND OF PROJECT

The Social Security Administration (SSA) proposes to contract for investigative services for the Los Angeles 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 SSA has chosen for this project.

The purpose of this contract is to obtain the services of county or local investigators who have law enforcement authority to work on this program with SSA, Office of the Inspector General (OIG) and SSA personnel, as well as personnel from the California DDS as part of a CDI team.

The purpose of the CDI Program is to:

Pursue criminal investigations and, where appropriate, Federal or State criminal prosecution and/or civil/administrative remedies against individuals or entities who defraud the stakeholders of the CDI Program. These individuals or entities may be disability claimants or other third parties (such as attorneys, doctors, translators, or middlemen) who facilitate such fraud or criminal acts.

Prevent fraud, minimize loss, and expedite payment of benefits to qualified applicants by providing SSA and DDS with timely reports of these investigations for use in the disability determination process.

CONTRACT OBJECTIVES AND DESCRIPTION

The objectives of the contract under this solicitation are to:

SERVICES TO BE PERFORMED

Requirements

Under the leadership of the OIG Special Agent assigned to the project, the contractor will be responsible for investigating allegations of fraud or related crimes 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 contractor/investigative agency shall assign two investigators to the Los Angeles CDI Unit qualified with law enforcement authority that extends throughout the state of California. If any investigator assigned to the unit needs to be absent for an extended period of time, (two weeks or more) the contractor shall provide replacement investigators as in accordance section VI. Key Personnel.

As the CDI unit’s Team Leader, the OIG Special Agent will be responsible for determining which cases are assigned to the contractor for investigation. The contractor shall consult with the OIG Special Agent to determine what type of approach will be used for the investigations.

Specifically, the contractor will be required to:

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

Interview suspects and other witnesses.

Conduct undercover operations.

Have experience with and have 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 investigative subjects.

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

Prepare cases for referral to the United States Attorney’s Office or the appropriate State or local prosecuting attorney for criminal prosecution or civil action, the Office of the Counsel to the Inspector General for possible Civil Monetary Penalty assessment, or to the SSA for administrative sanctions.

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

Prepare written reports of investigation, including statements of fact for inclusion in the Reports of Investigation of the CDI Unit’s activities.

Perform routine administrative tasks as necessary (e.g. prepare time and attendance reports, maintain vehicle logs, attend CDI Unit staff meetings and attend training.)

Provide testimony in criminal, civil and administrative proceedings.

Notify the COTR of any evidence that the credibility or truthfulness of the contractor’s investigators is doubted.

Maintain their staff’s firearm qualifications to be consistent with the contractor agency’s applicable regulations and policies.

Qualifications

The contractor must be a State or local government agency that can provide investigators with law enforcement authority, as defined by the laws of the State of California.

The contractor must have statewide arrest authority.

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.).

1) 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 all costs associated with these vehicles including by not limited to: leasing costs, including reasonable collision insurance, and all routine maintenance expenses. The contractor/investigative agency acknowledges that its investigators will be covered by its insurance program when operating the assigned vehicles in the course and scope of its official duties.

2) Credentials and Identification The investigative agency will have the responsibility of providing its investigators with sufficient credentials and identification consistent with their duties and responsibilities.

D. Investigative Technician Training

CDI Unit staff positions require highly technical job skills. As such, staff members may need to participate in ongoing technical training or attend meetings to maintain their skills. Participation will be coordinated through the CDI Unit’s OIG Special Agent.

LIABILITY

“Participating agency” is each agency that is a party to this contract, or is a subcontract to this contract, and includes the Social Security Administration.

Each participating agency shall be responsible for the acts and/or omissions of its own personnel , insofar as those acts and/or omissions are within the scope of that personnel’s assigned duties as member(s) of the CDI Unit.

Each participating agency shall not be responsible or liable for any act and/or omission of any personnel of any other agency.

Each participating agency acknowledges that its civil liability, if any, for the negligent, wrongful, or tortious acts and/or omissions of its personnel is governed by applicable Federal, State, or local law.

Each participating agency shall be responsible for ensuring that its own law enforcement personnel maintain firearm qualifications consistent with that agency’s applicable regulations and policies.

Each participating agency shall bear the risk of loss or damage to any vehicle or equipment utilized by its own personnel for official CDI Unit use , except as otherwise specified.

Each participating agency acknowledges, with respect to nonfederal law enforcement personnel, that the Federal Government:

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

Will not assume, contract, or promise in any manner to indemnify any individual law enforcement personnel assigned to the CDI Unit; and

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

CONFIDENTIALITY OF RECORDS

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.

KEY PERSONNEL

The investigators performing under this contractor are considered to be Key Personnel.

The Contractor shall obtain the consent of the Contracting Officer prior to making Key Personnel substitutions. Replacements for Key Personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced specified.

All requests for substitution must provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume of the proposed substitute, and any other information requested by the Contracting Officer needed to determine the acceptability of the proposed substitution. All proposed substitutions must be submitted to the Contracting Officer at least 15 days in advanced of the proposed substitution.

Section C - Contract Clauses

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items. (MAR 2011)

(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)).

[ ] 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).

[X](2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

[X](4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282)(31 U.S.C. 6101 note).

[ ](5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (JUL 2010) (Pub. L. 111-5).

[X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

[ ](7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a).

[ ](8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ](9) (Reserved)

[ ](10)(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.

[ ](11)(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.

[ ](12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).

[ ](13)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4).

[ ](ii) Alternate I (OCT 2001) of 52.219-9.

[ ](iii) Alternate II (OCT 2001) of 52.219-9.

[ ](iv) Alternate III (JUL 2010) of 52.219-9.

[ ](14) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

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

[ ](16)(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.

[ ](17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)(15 U.S.C. 657 f).

[ ](20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).

[ ](21) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X](22) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

[X](23) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[X](24) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

[X](25) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[X](26) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

[X](27) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[X](28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X](29) 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.)

[X](30)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

[ ](31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ](32)(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.

[ ](33) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010)(E.O 13513).

[X](34) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[X](35)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

[ ](iii) Alternate II (JAN 2004) of 52.225-3.

[ ](36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X](37) 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).

[ ](38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ](39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ](40) 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)).

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

[X ](42) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

[ ](43) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

[ ](44) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[ ](45) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ](46)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

[ ](ii) Alternate I (APR 2003) of 52.247-64.

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

[ ](1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

[X](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.).

[X](3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[X](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (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) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

[ ](8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 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 of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) (Reserved)

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

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

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

(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

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

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

(x) 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.).

(xi) 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.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

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 [insert the period of time within which the Contracting Officer may exercise the option].

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 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least [ ]days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

001 Agency Specific Terms and Conditions

The following agency-specific terms and conditions are hereby incorporated in full text as follows.

0401 Security And Suitability Requirements (NOV 2010)

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 SSA information system, or access to programmatic or sensitive information.

CO - Contracting Officer

Contractor – In this clause, this term means any entity that has a relationship with SSA because of this contract. This term includes, but is not limited to, corporations, limited liability partnerships, and individuals.

CPSPM – Center for Personnel Security and Project Management

COTR – Contracting Officer’s Technical Representative

Contractor Employee – In this clause, this term means a person hired by an SSA contractor to provide services in exchange for compensation.

PIV – Personal Identity Verification

Subcontractor – In this clause, this term means any entity that has a relationship with SSA’s contractor because of this contract. This term includes, but is not limited to, corporations, limited liability partnerships, and individuals.

Subcontractor Employee - In this clause, this term means a person hired by a subcontractor to provide services in exchange for compensation.

Purpose

This clause provides SSA’s policies and procedures concerning the conduct of background investigations (i.e. suitability determinations). The purpose of these investigations is to determine the suitability of contractors, contractor employees, subcontractors, and subcontractor employees who need access to an SSA facility, site, system, or information. If applicable, the clause also describes the process to obtain a PIV credential.

PIV Credentials

A PIV credential will be required for:

Any contractor, contractor employee, subcontractor, or subcontractor employee requiring access to an SSA information system or unescorted access to an SSA facility or site. (See Paragraph j. for more information.)

A PIV credential will not be required for:

Any contractor, contractor employee, subcontractor, or subcontractor employee requiring escorted access to a facility or site for less than six months.

Any Contractor, contractor employee, subcontractor, or subcontractor employee requiring infrequent escorted access to SSA facilities, even if the access may be longer than six months. For example, contractors or contractor employees who provide infrequent facilities/equipment maintenance or repair, conduct onsite shredding, replenish vending machines, etc.

Please Note: A background investigation is required any time a contractor, contractor employee, subcontractor, or subcontractor employee requires any type of access to a facility, site, system, or information regardless of whether a credential is required or not.

Contractors are required to include the substance of this clause in any subcontracts where subcontractors and subcontractor employees will have similar access as described in the preceding paragraphs. However, the contractor is responsible for obtaining all of the required forms (see paragraphs f-h) from its subcontractors and the subcontractors’ employees, reviewing these forms, and submitting them to SSA. Subcontractors and subcontractors’ employees shall not submit forms directly to SSA.

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

2 FD-258 forms, Applicant Fingerprint Chart (The CO will provide the FD-258 forms at the time of 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 contractors, contractor employees, subcontractors, or subcontractor 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 Authorization Form

Federal Investigations Notice: 98-02

If the contractor, contractor employee, subcontractor or subcontractor employee is not a United States Citizen, the individual 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 contractor, contractor employee, subcontractor, or subcontractor 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 sensitivity level 1 (Public Trust, Low Risk/Non-Sensitive), http://www.opm.gov/forms/html/sf.asp

SF-85P for sensitivity levels 5 or 6 (Public Trust, Moderate or High Risk), http://www.opm.gov/forms/html/sf.asp

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 the particular individual will be performing will determine which form the individual must complete. For this contract, the following risk designation(s) apply (to be completed by the CO):

Labor Category Risk Designation

Police Officer II Level 6

Forms Completion

The contractor must ensure all forms are fully completed and signed prior to submission to SSA. The contractor must ensure 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. SSA must receive forms within 30 days of signature/date. Finally, the contractor must designate a point-of-contact whom SSA can contact for questions related to the forms completed by contractor employees.

SSA will return forms not fully completed to the contractor. To ensure the forms are completed correctly, obtain a sample of a properly completed form at the following website: http://www.ssa.gov/oag/acq/Sample_Security_Requirement_Docs%20.pdf.

Forms Submission

The contractor shall submit a cover sheet including: the point-of-contact’s name (see paragraph g.); the point-of contact’s email address; the contract number; and the name, date of birth, and social security number (SSN) of all individuals for whom it is requesting a suitability determination (i.e. background investigation). Submit this cover sheet 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 the forms at least 15 days prior to the date work is to begin. For new contract employees, subcontractors, or subcontract employees (i.e., those who had not previously received a suitability determination under this contract) 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.

Suitability Determination

A Federal Bureau of Investigation fingerprint check will be used as part of the basis for making a suitability determination. This determination is final unless information obtained during the remainder of the full background investigation being conducted by the Office of Personnel Management is such that SSA would find the individual unsuitable to continue performing under this contract. CPSPM will notify the contractor, COTR, and CO of the results of these determinations.

No contractor, contractor employee, subcontractor, or subcontractor employee will be allowed access to an SSA facility, site, information, or system until CPSPM has issued a favorable suitability determination for that contractor, contractor employee, subcontractor, or subcontractor employee.

A contractor is not entitled to an equitable adjustment of the contract because of an unfavorable suitability determination(s). 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.

The contractor must notify the contractor employee, subcontractor, or subcontractor employee of any unsuitable determinations as soon as possible after receipt of such a determination (see paragraph n., below, for an explanation of the appeals process).

Obtaining a Credential

Note: This section applies only if the contractor, contractor employee, subcontractor, or subcontractor employee will have access to a facility, site, or system as described in the first bullet of paragraph c.

Once the contractor, contractor employee, subcontractor, or subcontract employee receives notification of an acceptable suitability determination, but prior to beginning work under the contract, the contractor, contractor employee, subcontractor, or subcontract employee must appear at the respective Regional Security Office or at SSA Headquarters Parking and Credentialing Office to begin the credentialing process. The contractor, contractor employee, subcontractor, or subcontract employee must present the suitability determination letter and two forms of identification at this meeting. At least one of the forms of identification must be a Government-issued photo identification (ID) (please see Employment Eligibility Verification, I-9, for acceptable forms of ID)

The contractor must contact the COTR to arrange for credentialing. The COTR is responsible for scheduling an appointment for contractors, contractor employees, subcontractors, or subcontract employees to meet with the appropriate SSA Parking and Credentialing Office or Regional Security Office so contractors, contractor employees, subcontractors, or subcontract employees may obtain a credential. Once the COTR makes the appointment, the COTR must contact the contractor to inform the contractor of the credentialing appointment(s). The COTR must also arrange for the contractor, contractor employees, subcontractors, or subcontract employees to be escorted (by either the COTR or a COTR’s representative) to the appropriate credentialing office at the time of this appointment.

Credentialing appointments last approximately 15 minutes. Depending on a contractor’s scheduling needs and availabilities, contractor employees, subcontractors, or subcontract employees may be scheduled for credentialing all in one day (this process may take a few hours to complete, depending on the number of employees that need to be credentialed) or contractor employees, subcontractors, or subcontract employees may come in at separate times convenient to the individuals’ and the COTR’s schedules.

SSA Headquarters’ Parking and Credentialing Office representatives can be reached by emailing Parking.and.Credentialing@ssa.gov or calling 410/965-5910.

Regional Security Office contact information can be found in Appendix A located at the end of this clause.

Contractors, Contractor Employees, Subcontractors, or Subcontract Employees Previously Cleared by SSA or Another Federal Agency

If a contractor, contractor employee, subcontractor, or subcontract employee previously received a suitability determination from SSA or another Federal agency, the contractor should send an email to dchr.ope.reciprocity@ssa.gov with a cc to the COTR supplying the name, SSN, and date of birth of the individual previously cleared. CPSPM will review the information. If CPSPM determines another suitability determination is not required, it will provide a letter to the contractor and COTR indicating the contractor, contractor employee, subcontractor, or subcontract employee was previously cleared under another Federal contract and does not need to go through the suitability determination process again.

Contractor Notification to Government

The contractor shall notify the COTR and CPSPM within one business day if the contractor, contractor employee, subcontractor, or subcontract employee is arrested or charged with a crime during the term of this contract, or if there is any other change in the status of the contractor, contractor employee, subcontractor, or subcontract employee (e.g., the contractor employee leaves the company; the contractor employee no longer works under the contract; the alien status of the contractor, contractor employee, subcontractor, or subcontract employee changes) that could affect the suitability determination for that individual. The contractor must provide in that notification as much detail as possible, including, but not limited to: name(s) of individual whose status has changed, 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 remove contractors, or require the contractor to remove contractor employees subcontractors, or require the subcontractor to remove subcontractor employees 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 o., below).

Appeals Process for Unsuitable Determinations If a contractor, contractor employee, subcontractor, or subcontract employee would like clarification or wishes to appeal an unsuitable determination, his/her request must be in writing and submitted within 30 days of the date of the unsuitable determination. Contractors may not file appeals on behalf of their employees, subcontractors, or subcontract employees; rather, contractor employees, subcontractors, or subcontract employees must file their own individual appeals.

The request for clarification and/or the appeal 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 remove a contractor, or request that the contractor immediately remove or cause to be removed any contractor employee, subcontractor, or subcontractor employee from working under the contract based on conduct that occurs after a favorable suitability determination. The contractor must comply with these requests to remove or cause to have removed any contractor employee, subcontractor, or subcontract employee. 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 Code of Federal Regulations 101-20.3. This includes any local badging 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 that interfere with the normal and efficient operations of the Government.

Theft, vandalism, or any other criminal actions.

Selling, consuming, possessing, or being under the influence of intoxicants, drugs, or substances that 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, contractor employee, subcontractor, or subcontract employee was unsuitable.

Unauthorized access to, or disclosure of, agency programmatic or sensitive information, or Internal Revenue Service 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. Certain provisions of the following statutes and regulations that apply to Federal employees also apply equally to contractors, contractor employees, subcontractors, and subcontract employees:

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 Section 1106 of the Social Security Act

Being under investigation by an appropriate authority for violating any of the above.

0402 Federal Information Security Management Act (FISMA) and Agency Privacy Management (October 2008)

1. Definitions

The following terms are defined for the purposes of this clause:

“Agency” means the Social Security Administration (SSA).

“OAG” means the Office of Acquisition and Grants at SSA.

2. Agency Responsibility related to FISMA Training Requirements

The Federal Information Security Management Act of 2002 (FISMA) (Title III, Pub. L. No. 107-347) and the Office of Management and Budget (OMB) policy (through Circular A-130, Appendix III) require that all Agency employees, as well as contractor and subcontractor employees working under Agency service contacts, receive periodic training in computer security awareness and accepted computer security practice of all employees, including contractors. This includes training for contractor personnel who do not have access to electronic information systems. The training level is tailored to the risk and magnitude of harm related to the required activities.

SSA’s Security Awareness bulletin adequately covers the required IT security and privacy awareness training for this contract. The bulletin is located on OAG’s internet site (see information in Paragraph 3 below). This training does not preclude any additional training specified elsewhere in this contract.

3. Contractor Responsibilities related to FISMA Training Requirements

a. Following contract award, the contractor shall ensure that all contractor employees performing under this contract have signed the security bulletin entitled “SSA Security Awareness: Contractor Personnel Security Certification.” This requirement also applies to contractor employees added to the contract after contract performance has commenced. A copy of this form is located on OAG's Internet website.

b. The contractor must receive signed copies of the bulletin from each employee working under the contract within 45 days following contract award, or within 45 days after a contractor employee begins working under the contract.

c. The contractor shall send an email to security.awareness.training@ssa.gov, with a copy to the contracting officer, within 60 days following contract award and anytime a new contractor employee is added to perform work under the contract. The contractor will include in the email the number of employees who have signed the security awareness bulletin.

d. The contractor shall retain copies of these signed bulletins for potential future SSA audits for a period of three years after final payment (per FAR 4.703).

e. For each successive year the contract is in operation, the contractor shall repeat the processes described in items 3. a. – d., above, on an annual basis. The contractor must submit the information in 3.c, above, within 60 days of: (i) the date the option was renewed, or (ii) the anniversary of the contract award date.

4. Applicability of this Clause to contractor/subcontractor employees

The contractor is required to include a clause substantially the same as this in all subcontracts awarded for technical or support services under the prime contract. This clause shall require the subcontractors to report the information listed in Paragraph 3 of this clause to the contractor and the contractor will be responsible for reporting all applicable numbers to SSA.