CDI Cleveland 2010.doc

OIG INVESTIGATIVE SERVICES FOR CDI UNIT; CLEVELAND, OH

SSA-RFQ-R05-10-1003

ADDENDUM TO STANDARD FORM (SF) 1449

REVISION 3

In accordance with Federal Acquisition Regulation (FAR) Part 12.302, Tailoring of Provisions and Clauses for the Acquisition of Commercial Items, and FAR Part 12.303, Contract Format, this addendum to the SF 1449 provides for continuation of the schedule and description of the supplies/services to be acquired.

TABLE OF CONTENTS

Part I ADDENDUM, TO STANDARD FORM (SF) 1449

SECTION A – PRICING TABLE

SECTION B – SCOPE OF WORK

B-1 Legislative Authority B-2 Purpose B-3 Contract Objectives B-4

Statement of Work B-5

SSA/OIG Responsibilities B-6

Liability B-7

Period of Performance B-8 Designation of Contractor Program Manager B-9

Designation of Government Contracting Officer B-10

Contracting Officer's Authority B-11

Designation of Contracting Officer's Technical Representative

B-12

Technical Direction

PART II CONTRACT CLAUSES AND TERMS AND CONDITIONS

SECTTION C – CONTRACT CLAUSES AND TERMS AND CONDITIONS

C-1 52.252-2 Clauses incorporated by Reference

C-2 Federal acquisition Regulation (FAR) Clauses incorporated by Full Text

C-3 Social Security Administration (SSA) Specific Clauses, Terms, and Conditions

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHEMENTS

D-1 Worksheet for Reporting the Loss, Compromise, or Potential Compromise of Personally Identifiable Information

D-2

Register of Wage Determinations under the Service Contract Act

D-3

Instructions to Offeror

SECTION E – SOLICITATION PROVISIONS

E-1 52.252-1 Provisions Incorporated by Reference

E-2

Federal acquisition Regulation (FAR) Provisions Incorporated in Full Text

PART I – ADDENDUM TO STANDARD FORM (SF) 1449

SECTION A: WORK STATEMENT

A-1

INTRODUCTION

The Social Security Administration (SSA) requires contractor provided law enforcement services to provide investigative services for the Cooperative Disability Investigations (CDI) unit of the Office of Inspector General (OIG) in Cleveland, OH. The purpose of this contract is to obtain the services of local government investigators, who have law enforcement authority, to work with the OIG and Ohio Disability Determination Services (DDS) personnel as part of the CDI team. Each CDI team generally consists of one OIG Special Agent, four investigators from a State or local law enforcement agency, two State DDS or SSA personnel with disability program experience, and an administrative aide, if deemed necessary.

A-2

PRICING

a.

Base Year Fixed per month and per hour prices (inclusive of all labor costs, benefits, FICA, taxes, overhead, etc.) for providing investigative services as described herein for the initial contract period of February 1, 2010 (or date of award, if later) through January 31, 2011.

Qty Unit Unit Price Annual Price

(i) Per month price for 4 months $ /mo

Investigators (full-time;

40 hrs/week)

(ii) Overtime (estimated 300 hrs 3,600 hours $ /hr per month) total; contractor shall invoice for actual overtime hours used, not to exceed

300 hrs/month total)

(iii) Per month price for 4 vehicles months $ /mo

(including insurance, maintenance, fuel, etc.)

(iv) Per month price for Administrative months $ /mo

Aide (part-time; 20 hrs/week)

b.

Option Year 1 Fixed per month and per hour prices (inclusive of all labor costs, benefits, FICA, taxes, overhead, etc.) for providing investigative services as described herein for the initial contract period of February 1, 2011 (or date of award, if later) through January 31, 2012.

Unit Price Annual Price

(i) Per month price for 4 months $ /mo

Overtime (estimated 300 hrs 3,600 hours $ /hr

Per month price for 4 vehicles months $ /mo

Per month price for Administrative months $ /mo

c.

Option Year 2 Fixed per month and per hour prices (inclusive of all labor costs, benefits, FICA, taxes, overhead, etc.) for providing investigative services as described herein for the initial contract period of February 1, 2012 (or date of award, if later) through January 31, 2013.

Unit Price Annual Price

(i) Per month price for 4 months $ /mo

Overtime (estimated 300 hrs 3,600 hours $ /hr

Per month price for 4 vehicles months $ /mo

Per month price for Administrative months $ /mo

d.

Option Year 3 Fixed per month and per hour prices (inclusive of all labor costs, benefits, FICA, taxes, overhead, etc.) for providing investigative services as described herein for the initial contract period of February1, 2013 (or date of award, if later) through January 31, 2014.

Unit Price Annual Price

(i) Per month price for 4 months $ /mo

Overtime (estimated 300 hrs 3,600 hours $ /hr

Per month price for 4 vehicles months $ /mo

Per month price for Administrative months $ /mo

Aide (part-time; 20 hrs/week)

e.

Option Year 4 Fixed per month and per hour prices (inclusive of all labor costs, benefits, FICA, taxes, overhead, etc.) for providing investigative services as described herein for the initial contract period of February 1, 2014 (or date of award, if later) through January 31, 2015.

Unit Price Annual Price

(i) Per month price for 4 months $ /mo

Overtime (estimated 300 hrs 3,600 hours $ /hr

Per month price for 4 vehicles months $ /mo

Per month price for Administrative months $ /mo

SECTION B: SCOPE OF WORK

B-1

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.

B-2

Purpose

The general purpose of this program 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 these programs. Suspected fraud cases will be identified by the DDS, by SSA Field Offices or through SSA's Fraud Hotline and referred to the CDI unit for investigation.

The specific purpose of the CDI unit is to:

· 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 claimant); and

· investigate and pursue criminal prosecution of medical providers, attorneys, translators, middlemen, and others involved in making fraudulent disability claims.

B-3

Contract Objectives The objectives of this contract are to:

· physically relocate the contractor investigators to the CDI unit site in Cleveland, OH;

· have the contractor investigators conduct investigations of suspected disability fraud cases referred to the CDI unit to timely develop independent evidence of material facts to sufficiently resolve allegations of fraud or similar fault; and

· as necessary, have the contractor investigators pursue and take civil/criminal action against those who, as a result of CDI unit investigations, are found to be violating Federal and/or State statutes.

B-4

Statement of Work a.

Investigator Requirements Under the direction of the OIG Special Agent assigned to the project, the contractor investigators will be responsible for investigating fraud cases referred to the CDI unit. These investigations may require travel outside the metropolitan Cleveland, OH area and overnight duty. All travel must be approved by the Contracting Officer's Technical Representative (COTR) prior to commencement. Travel expenses will be reimbursed separately in accordance with established Federal Travel Regulations for actual expenses only. Specifically, the contractor investigators will be required to:

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

(2) interview suspects and other witnesses;

(3) conduct undercover operations;

(4) use databases (e.g., the National Crime Information Center (NCIC) and the National Insurance Crime Bureau (NICB)) to obtain information on suspects;

(5) coordinate, as necessary, interaction with other State or local law enforcement agencies;

(6) prepare cases for referral to the United States Attorney or the appropriate State or local prosecuting attorney for criminal prosecution;

(7) maintain records of investigations to the standard that they may be used as evidence in court;

(8) participate in the preparation of required reports of the CDI unit's activities;

(9) perform routine administrative tasks as necessary (e.g., preparing time and attendance reports, maintaining vehicle logs, attending staff meetings, and receiving training);

(10) conduct investigations in accordance with established local law enforcement agency procedures or procedures developed specifically for the CDI team; and

(11) perform a wide variety of services essential to the effective operation of the CDI unit including, but not limited to: budget preparation; 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 investigative reports; answering the telephones 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.

Investigator Qualifications The contractor, as a State or local government agency, shall provide four (4) investigators with law enforcement authority as defined by the laws of the State of Ohio, to staff the Cleveland, OH, CDI unit. The investigators to be provided must, at a minimum, have at least 3 years of law enforcement experience with the contractor or other similar government agency. Appropriate documentation (resumes, references, etc.) of the four (4) investigators proposed for the Cleveland CDI unit shall be provided by the contractor as part of its proposal in response to this solicitation. The Government reserves the right to reject any proposed investigators that do not meet the minimum requirements as stated herein.

c.

Administrative Aide Requirements

Under the direction of the OIG Special Agent assigned to the project, and the supervision of the contractor investigators, the Administrative Aide will be responsible for providing the necessary support services to the staff of the Cleveland, OH, CDI unit. Specifically, the Administrative Aide will be required to:

(1) maintain case files;

(2) maintain inventory lists and vehicle records;

(3) prepare correspondence and special reports;

(4) provide general filing;

(5) answer telephones and take messages;

(6) possess a working knowledge of computer word processing and spreadsheet programs; and

(7) provide necessary general office duties.

d.

Administrative Aide Qualifications The contractor, as a State or local government agency, shall provide one (1) part-time Administrative Aide (20 hours/week) to the Cleveland, OH CDI unit. The Administrative Aide must, at a minimum, have at least 2 years of general clerical experience with a law enforcement agency. The Administrative Aide must have a working knowledge of Microsoft Word, with a typing speed of 30-35 words per minute, as well as Microsoft Excel computer programs. Additionally, the ability to type from dictation machines is preferred, although not mandatory. Appropriate documentation (resume, references, etc.) shall be provided by the contractor. The Government reserves the right to reject any proposed individual that does not meet the minimum requirements as stated herein.

e.

Key Personnel The contractor proposes the following personnel under this contract:

Investigator:

(provide name and rank)

Administrative Aide:

(provide name) f.

Substitution of Key Personnel

(1) The contractor shall assign only those persons whose resumes were submitted with its proposal to fill the requirements of this contract. No substitutions will be made except in accordance with this provision.

(2) During the first 90 days of the contract, 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 (3) below. After the initial 90 day period, all proposed substitutions must be submitted in writing at least 2 weeks in advance of the proposed substitution.

(3) 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.

g.

Equipment The contractor shall provide the investigators with such personal equipment as is necessary to perform the work specified in this contract; including - but not limited to - weapons, body armor, cellular phones, vehicles, etc.

h.

Disclosure and Confidentiality The contractor shall maintain safeguards to restrict the use or disclosure of applicant, beneficiary and recipient information in accordance with Federal and State of Ohio 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.

i.

Non-Personal Services (1) The Government and the contractor agree and understand the services to be performed under this contract are non-personal in nature. The contractor shall not perform any inherently Governmental functions under this contract as described in the Office of Federal Procurement Policy Letter 93-1.

(2) The Government and the contractor agree and recognize that no employer-employee relationship exists or will exist between the Government and the contractor. The contractor and its employees are not employees of the Federal Government and are not eligible for entitlement and benefits given federal employees. Contractor personnel under this contract shall not:

(i) be placed in a position where there is an appearance that they are employed by the Government or are under the supervision, direction, or evaluation of any Government employee;

(ii) hold themselves out to be a Government employee, agent or representative or state orally or in writing at any time that they are acting on behalf of the Government - in all communications with third parties in connection with this contract, contractor employees shall identify themselves as such and specify the name of the company for which they work;

(iii) be placed in a position of command, supervision, administration or control over Government personnel or personnel of other Government contractors, or become a part of the Government organization.

(3) If the contractor believes any Government action or communication has been given that would create a personal service relationship between the Government and any contractor employee, the contractor shall promptly notify the Contracting Officer in writing.

(4) Rules, regulations, directives and requirements which are issued by the Social Security Administration (SSA) under its responsibility for administration and security are applicable to all personnel who enter SSA facilities and shall not be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

B-5

SSA/OIG RESPONSIBILITIES

· The SSA/OIG will assign an OIG Special Agent at the project site in Cleveland, OH;

· The OIG Special Agent will be in charge of the investigative operations of the CDI unit. In this capacity, the OIG Special Agent will determine which suspected fraud cases referred to the CDI unit 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;

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

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

· The SSA/OIG and/or the Ohio DDS will provide office space, all necessary office equipment, supplies, computers, printers, telephones, etc. for the project;

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

· The SSA will provide copies of any required progress/status reports produced by the CDI unit to the contractor.

B-6

LIABILITY

The contractor shall be responsible for the activities of its personnel assigned to the CDI unit. The contractor agrees to assume civil liability for any tortuous act or omission of its employees while working in the CDI unit.

The contractor 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 local law or, with respect to employees of the Federal Government, by the Federal Tort Claims Act, 28 U.S.C. Section 1346(b), 267 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.

The contractor 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).

B-7

PERIOD OF PERFORMANCE

The base period of performance of this contract shall be from February 1, 2010 (or date of award, if later) through January 31, 2011.

The period of performance for option period one (if exercised) shall be February 1, 2011 through January 31, 2012.

The period of performance for option period one (if exercised) shall be February 1, 2012 through January 31, 2013.

The period of performance for option period one (if exercised) shall be February 1, 2013 through January 31, 2014.

The period of performance for option period one (if exercised) shall be February 1, 2014 through January 31, 2015.

The total duration of this contract shall not exceed 5 years.

B-8

DESIGNATION OF CONTRACTOR PROGRAM MANAGER

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

Name:

Title:

Telephone:

B-9

DESIGNATION OF GOVERNMENT CONTRACTING OFFICER

Matt Manning, Contracting Officer, has been designated as Contracting Officer for this contract. 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

Office of Acquisitions and Grants

7111 Security Blvd, 1st Floor Rear Entrance

Baltimore, MD 21244-1811

Telephone: 410-594-2001

B-10

CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements of this contract. In the event the contractor effects changes at the direction of any person other than the CO, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The CO shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract. The CO is the only individual who can legally obligate Government funds. No expense chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the CO.

B-11

DESIGNATION OF CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

The individual cited below is hereby designated as the Contracting Officer's Technical Representative (COTR) for this contract. The COTR is responsible for the technical administration of this contract, in accordance with the provisions of the clause included herein entitled, "Technical Direction."

COTR:

MARK MOSKOP, Director - Center for Disability.

Telephone:

312-575-4204 The COTR shall be responsible for coordinating with the contractor the technical aspects of the contract. The COTR 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.

B-12

TECHNICAL DIRECTION

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

(1) 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.

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

(3) 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 COTR 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 COTR 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 COTR 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 COTR 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."

PART II – CONTRACT CLAUSES AND TERMS AND CONDITIONS

Section C

CONTRACT CLAUSES AND TERMS AND CONDITIONS

C-1.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

The following clauses and provisions are incorporated by reference, with the same force and effect as if they were given in full text. The full text of these clauses and provisions is available at the following Internet website - http://www.arnet.gov/far.

52.203-3

Gratuities (1984)

52.204-9

Personal Identity Verification of Contractor Personnel (Sep 2007) 52.212-1 Instructions to Offerors - Commercial Items (JUNE 2008)

52.212-4 Contract Terms and Conditions - Commercial Items (MAR 2009)

52.224-1 Privacy Act Notification (APR 1984)

52.224-2 Privacy Act (APR 1984)

52.228-5 Insurance - Work on a Government Installation (JAN 1997) 52.232-18 Availability of Funds (Apr 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.237-3 Continuity of Services (Jan 1991) 52.245-1 Government-Furnished Property (JUNE 2007) C-1.2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Sep 2009)

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

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

___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.]

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(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

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

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

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(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

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(5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

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(6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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(7) [Reserved]

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(8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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(ii) Alternate I (Oct 1995) of 52.219-6.

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(iii) Alternate II (Mar 2004) of 52.219-6.

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

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

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

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(10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

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(11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

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

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

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(12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

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(13) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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(14)(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 (June 2003) of 52.219-23.

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(15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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(16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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(17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

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(18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

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(19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

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(20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

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

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(22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

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(23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

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(24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

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(25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

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(26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

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(27) 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.)

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(28)(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.)

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(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.)

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(29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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(30)(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.

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(31) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

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(32)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 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).

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(ii) Alternate I (Jan 2004) of 52.225-3.

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(iii) Alternate II (Jan 2004) of 52.225-3.

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(33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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(34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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(35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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(36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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(37) 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)).

FORMCHECKBOX

(38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

FORMCHECKBOX

(39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

FORMCHECKBOX

(40) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

FORMCHECKBOX

(41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

FORMCHECKBOX

(42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

FORMCHECKBOX

(43)(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).

FORMCHECKBOX

(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.]

FORMCHECKBOX

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

FORMCHECKBOX

(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.).

FORMCHECKBOX

(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.).

FORMCHECKBOX

(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.).

FORMCHECKBOX

(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) (41 351, et seq.).

FORMCHECKBOX

(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.).

FORMCHECKBOX

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

FORMCHECKBOX

(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess 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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

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

(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

C-2 CLAUSES AND PROVISIONS INCORPORATED IN FULL TEXT

C-2.1 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 10 days.

C.2.2 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

C-3 SSA SPECIFIC CLAUSES, TERMS AND CONDITIONS

C-3.1

Federal Information Security Management Act (FISMA) and Agency Privacy Management (OCT 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 Confirmation.” 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. The subcontractor shall be responsible for maintaining its signed forms as detailed in Paragraph 3.d.

C-3.2

Protection of Confidential Information (dec 2008)

(a) Confidential information, as used in this clause, means information or data, or copies or extracts of information or data, that is: (1) provided by the Social Security Administration (SSA) to the contractor for, or otherwise obtained by the contractor in, the performance of this contract; and (2) of a personal nature about an individual, such as name, home address, and social security number, or proprietary information or data submitted by or pertaining to an institution or organization, such as employee pay scales and indirect cost rates.

(b) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information or categories of information that the Government will furnish to the Contractor or that the Contractor is expected to generate which are confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. The confidential information will be used only for purposes delineated in the contract; any other use of the confidential information will require the Contracting Officer's express written authorization. The Contracting Officer and the Contractor will settle any disagreements regarding the identification pursuant to the "Disputes" clause.

(c) The Contractor shall restrict access to all confidential information to the minimum number of employees and officials who need it to perform the contract. Employees and officials who need access to confidential information for performance of the contract will be determined in conference between SSA's Contracting Officer, Contracting Officer's Technical Representative, and the responsible Contractor official. Upon request, the Contractor will provide SSA with a list of "authorized personnel," that is, all persons who have or will have access to confidential information covered by this clause.

(d) The Contractor shall process all confidential information under the immediate supervision and control of authorized personnel in a manner that will: protect the confidentiality of the records; prevent the unauthorized use of confidential information; and prevent access to the records by unauthorized persons.

(e) The Contractor shall inform all authorized personnel with access to confidential information of the confidential nature of the information and the administrative, technical and physical safeguards required to protect the information from improper disclosure. All confidential information shall, at all times, be stored in an area that is physically safe from unauthorized access. See paragraph (f) below regarding the minimum standards which the safeguards must meet.

(f) Whenever the Contractor is storing, viewing, transmitting, or otherwise handling confidential information, the Contractor shall comply with the applicable standards for security controls that are established in the Federal Information Security and Management Act (FISMA). (These standards include those set by the National Institute of Standards and Technology (NIST) via the Federal Information Processing Standards (FIPS) publications and NIST Special Publications, particularly FIPS 199, FIPS 200, and NIST Special Publications - 800 series.)

(g) If the Contractor, in the performance of the contract, uses any information subject to the Privacy Act of 1974, 5 U.S.C. 552a, and/or section 1106 of the Social Security Act, 42 U.S.C. 1306, the Contractor must follow the rules and procedures governing proper use and disclosure set forth in the Privacy Act, section 1106 of the Social Security Act, and the Commissioner's regulations at 20 C.F.R. Part 401 with respect to that information.

For knowingly disclosing information in violation of the Privacy Act, the Contractor and Contractor employees may be subject to the criminal penalties as set forth in 5 U.S.C. Section 552(i)(1) to the same extent as employees of SSA. For knowingly disclosing confidential information as described in section 1106 of the Social Security Act (42 U.S.C. 1306), the Contractor and Contractor employees may be subject to the criminal penalties as set forth in that provision.

(h) The Contractor shall assure that each Contractor employee with access to confidential information is made aware of the prescribed rules of conduct, and the criminal penalties for violations of the Privacy Act and/or the Social Security Act.

(i) Whenever the Contractor is uncertain how to handle properly any material under the contract, the Contractor must obtain written instructions from the Contracting Officer addressing this question. If the material in question is subject to the Privacy Act and/or section 1106 of the Social Security Act or is otherwise confidential information subject to the provisions of this clause, the Contractor must obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication. Contracting Officer instructions and determinations will reflect the result of internal coordination with appropriate program and legal officials.

(j) Performance of this contract may involve access to tax return information as defined in 26 U.S.C. Section 6103(b) of the Internal Revenue Code (IRC). All such information shall be confidential and may not be disclosed without the written permission of the SSA Contracting Officer. For willfully disclosing confidential tax return information in violation of the IRC, the Contractor and Contractor employees may be subject to the criminal penalties set forth in 26 U.S.C. Section 7213.

(k) The Government reserves the right to conduct on-site visits to review the Contractor's documentation and in-house procedures for protection of and security arrangements for confidential information and adherence to the terms of this clause.

(l) The Contractor must include this clause in all resulting subcontracts whenever there is any indication that the subcontractor(s), engaged by the contractor, and their employees or successor subcontractor(s) and their employees might have access to SSA's confidential information.

(m) The Contractor must assure that its subcontractor(s) and their…