Audio-Visual Upgrade

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ).  The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05.  This requirement is set-aside for small business.

THIS RFQ IS SUBJECT TO AGENCY DETERMINATION TO FUND THIS REQUIREMENT.  ALL QUOTES MUST BE VALID THROUGH SEPTEMBER 30, 2021.

The required services are described in the attached Statement of Work (SOW).  Services shall be provided on a Firm-Fixed-Price basis.  CPSC requires audio and visual upgrade services for conference rooms.  

Delivery and acceptance shall be to the CPSC point of contact included in the SOW and in accordance with Local Clause 1 A for the delivery of any items to CPSC.  

The provision at 52.212-1, Instructions to Offerors—Commercial Items, applies to this acquisition. In addition to the requirements of FAR 52.212-1, the quote must prominently display the offeror’s Taxpayer Identification number, CAGE code and DUNS number, as well as contact information for the offeror’s point of contact for the quote.  SAM.gov registration is required to be considered for award.  The quote shall be submitted via email to the Contract Specialist at sjohnson@cpsc.gov with two separate attachments, one for the technical response and one for price.  

SEE ATTTACHED “INSTRUCTIONS TO OFFERORS” FOR QUOTE SUBMISSION REQUIREMENTS.

The provision at 52.212-2, Evaluation—Commercial Items, applies to this acquisition, and the evaluation criteria to be included in paragraph (a) of that provision are as follows:  

Factor A: Technical 
No pricing information shall be included in the technical submission.  There is a MAXIMUM PAGE LIMIT of 25 PAGES for this volume.  Information past page 25 will not be reviewed.   Brevity is encouraged.  This section must describe technical information that the offeror provides.  The technical quote must include the details of how the offeror plans to accomplish all requirements and tasks of the SOW, what personnel are proposed and the qualifications of the contractor personnel, the resources the contractor plans to utilize, and all information necessary to demonstrate the contractor’s capabilities.  The quote must demonstrate the feasibility of the contractor’s approach and ability to oversee and carry out the objectives, scope, and requirements of the solicitation to include adequate staffing to complete the tasks in the SOW.  The technical quote should also clearly and fully demonstrate the offeror’s capabilities, knowledge, and experience regarding the technical requirements described below.  

FACTOR B: PAST PERFORMANCE 
Quotes will be evaluated based on the performance demonstrated in previous, similar projects. Offerors with no relevant past performance must be evaluated neither favorably nor unfavorably. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Past performance information will be utilized to determine the quality of the contractor's past performance as it relates to the probability of success for the required effort.

FACTOR C: PRICE 
Price will be evaluated based on the proposed level of effort and resources associated with deliverables in order to perform the requirement, and for reasonableness in relationship to the Offeror's quoted technical solution. 

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, if the annual SAM registration has not been completed. If the SAM registration has been completed, Offerors shall only submit paragraph (b) if there are applicable exceptions to the current registration.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, if the annual SAM registration has not been completed. If the SAM registration has been completed, Offerors shall only submit paragraph (b) if there are applicable exceptions to the current registration.

The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition. 

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition.  The following additional FAR clauses cited in FAR 52.212-5 are applicable to this acquisition: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (June 2020); (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (June 2020); (14) Notice of Total Small Business Set-Aside (Nov 2020); (18) Notice of Set-Aside of Orders (Mar 2020); (22)  52.219-28, Post Award Small Business Program Representation (Nov 2020); (27) 52.222-3, Convict Labor (June 2003); (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015); (30) 52.222-26, Equal Opportunity (Apr 2015); (32) 52.222-36, Equal Opportunity for Workers with Disabilities (June 2020); (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020); (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (June 2020); (48) 52.225-1 Buy American Supplies; (52) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008); (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018).  

The following FAR clauses also apply to this requirement:  

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.
(End of clause)

FAR CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

FAR PROVISIONS

52.204-7 System for Award Management. (OCT 2018)

52.204-20 Predecessor of Offeror. (AUG 2020)
      (a) Definitions. As used in this provision–
      Commercial and Government Entity (CAGE) code means–
           (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
           (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
      Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
      Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
      (b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.
      (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
          Predecessor CAGE code:          (or mark "Unknown").
          Predecessor legal name:           .
          (Do not use a "doing business as" name).
(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
      (a) Definitions. As used in this provision—
      Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
      (b) Prohibition.
 
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
                (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
                (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
           (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
                (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
                (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
      (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
      (d) Representation. The Offeror represents that—
           (1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
           (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
          It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
      (e) Disclosures. 
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
                (i) For covered equipment—
                     (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
                     (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
                     (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
                (ii) For covered services—
                     (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
                     (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
           (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
                (i) For covered equipment—
                     (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
                     (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
                     (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
                (ii) For covered services—
                     (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
                     (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)
      (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
      (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
      (c) 
(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
           (2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)

The following local clauses are also applicable to this requirement:  

LOCAL CLAUSES

LC1A    CONTRACTOR’S NOTE

       Deliveries and/or shipments shall not be left at the Loading Dock.  All deliveries shall be considered “inside deliveries” to the appropriate room at the Consumer Product Safety Commission (CPSC) and in accordance with the instructions below.  When scheduling deliveries the purchase order number shall always be referenced and all packages shall clearly display the Purchase Order Number on the outside of the cartons and/or packages, to include the packing slip.

ATTENTION GOVERNMENT VENDOR

A.    DELIVERY INSTRUCTIONS:

1.  DELIVERY INSTRUCTIONS FOR LARGE OR HEAVY ITEMS:

If the shipment or item being delivered requires use of a loading dock, advance notification is required.  The contractor shall contact the Shipping and Receiving Coordinator at 301-892-0586 or Constantia Demas (301) 504-7544  forty-eight (48) hours in advance of the date the items are to arrive to schedule use of the loading dock.

LOADING DOCK HOURS OF OPERATION:

9:00 am to 11:00 am   or   1:30 pm to 4:00 pm
Monday through Friday (except holidays)

Please notify contact person if there is a change in the delivery date. For changes, delays, or assistance please contact CPSC as follows:

Facilities Management Support Services (301) 504-7091 and

The COR – TBD

Upon arrival, the driver should contact the CPSC Guard, 301-504-7721, at the loading dock to obtain assistance in using freight elevators and to gain access to CPSC security areas.

2.  DELIVERY INSTRUCTION FOR SMALL ITEMS

When delivering or shipping small items, the contractor and/or carrier service shall report to the 4th floor lobby, North Tower, 4330 East West Highway, to sign in with the CPSC guard.  Upon completion of signing in, the contractor shall deliver all shipments to the Mail Room, Room 410.  After delivery, delivery personnel shall promptly depart the building.  

MAIL ROOM HOURS OF OPERATION:

Monday through Friday (except holidays) – 7:30 am to 5:00 pm

B.  BILLING INSTRUCTIONS
   
Pursuant to the Prompt Payment Act (P.L. 97-177) and the Prompt Payment Act Amendments of 1988 (P.L. 100-496) all Federal agencies are required to pay their bills on time, pay interest penalties when payments are made late, and to take discounts only when payments are made within the discount period.  To assure compliance with the Act, vouchers and/or invoices shall be submitted through the Invoice Processing Platform (IPP).  At a minimum, each invoice document submitted through IPP shall include the documentation required in the contract. 

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS 

Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their supplier by the U.S. Treasury's Bureau of Fiscal Service.  IPP allows Federal agencies and their suppliers to exchange electronic purchase orders, blanket POs, invoices, and payment information in one easy to access web portal.   This service is free of charge to government agencies and their suppliers, including services and support.  

    (a)  Definitions.  As used in this clause-
(1)”Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation.  The payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Payment clause included in this contract.
    (b)  The Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP).  Information regarding IPP is available on the Internet at www.ipp.gov.  Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@stls.frb.org or phone (866)973-3131.

PAYMENT AND INVOICE QUESTIONS

For payment and invoice questions, contact the Accounts Payable Branch at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

Customer Service inquiries may be directed to Adriane Clark at AClark@cpsc.gov.

OVERPAYMENTS

Accounts Receivable Conversion of Check Payments to EFT:  If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor’s account for the amount of the check. The debit from the Contractor’s account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back.  The Government will destroy the Contractor’s original check, but will keep a copy of it.  If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

C.  INSPECTION & ACCEPTANCE PERIOD

Unless otherwise stated in the Statement of Work or Description, the Commission will ordinarily inspect all materials/services within seven (7) business days after the date of receipt. The CPSC representative responsible for inspecting the materials/services will transmit disapproval, if appropriate, to the contractor and the Contracting Officer.  If other inspection information is provided in the Statement of Work or Description, it is controlling.

D.  NO AUTOMATIC RENEWALS 

If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(End of Clause)

LC 9 Key Personnel 

a.  The following individuals, listed by name and title, have been identified as key personnel for performance under this contract:
[                                                              ]
b.  The personnel specified above and/or in the schedule of the contract are considered to be essential to the work being performed hereunder.  If these individuals are unavailable for assignment for work under the contract, or it is anticipated that their level of involvement will be significantly different from the negotiated level, the Contractor shall immediately notify the Contracting Officer and shall submit justifications (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program.  The Contracting Officer shall review, and may ratify in writing, such substitutions.  Prior to substitution of key personnel, the Contractor shall obtain the written consent of the Contracting Officer.

LC 10 Background Security Checks performed by the Contractor

a. All Contractor employees proposed and/or presently in service under this contract and any new Contractor employees to be utilized for performance of this contract may be subjected to background checks.  Information regarding background and security checks to be performed on personnel shall be included with the proposal and contract award.  These checks shall be performed at Contractor expense.  The results of such checks shall be provided to the Government.

b.  Identical background and security checks shall also be performed on new or substitution personnel prior to entering into service under this contract. 

c. By execution of this contract, the Contractor certifies none of the employees working under this contract have been convicted of a felony, a crime of violence, or a misdemeanor involving moral turpitude, such as a conviction of larceny within the last five (5) years.

d. The Government reserves the right to remove from service any Contractor employee for any of the following:

(1)  Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude, such as a conviction of larceny within the last five (5) years.
(2)  Falsification of information entered on security screening forms or other documents submitted to the Government.
(3)  Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct is directly related to the contract.
(4)  Any behavior judged to pose a threat to personnel or property.
e. Failure by the contractor to comply with the terms of this clause may result in termination of the contract.

LC 11 Background Security Checks performed by CPSC 

a. All Contractor employees proposed and/or presently in service under this contract and any new Contractor employees to be utilized for performance of this contract may be subjected to a National Agency Check and Inquiry (NACI).  These background checks will be performed at Government expense.

b. The Contractor shall, upon request of the Commission, provide whatever information is necessary about each employee to facilitate the performance of this check.  This information shall be provided at the expense of the Contractor.
c. If a background check on employees is deemed to be necessary on employees, it will be performed as soon as practicable prior to their performance or after they enter into service.

d. Background checks will be updated as determined to be necessary by CPSC.

e. By execution of this contract, the Contractor certifies none of the employees working under this contract have been convicted of a felony, a crime of violence, or a misdemeanor involving moral turpitude, such as a conviction of larceny within the last five (5) years.

f. The Government reserves the right to remove from service any Contractor employee for any of the following:
(1)  Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude, such as a conviction of larceny within the last five (5) years.
(2)  Falsification of information entered on security screening forms or other documents submitted to the Government.
(3)  Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct is directly related to the contract.
(4)  Any behavior judged to pose a threat to personnel or property.

g. Failure by the contractor to comply with the terms of this clause may result in termination of the contract.

LC 30 Security and Personal Identity Verification Procedures

a.  The performance of this contract requires contractor employees to have access to CPSC facilities and/or systems. In accordance with Homeland Security Presidential Directive-12 (HSPD-12), all such employees must comply with agency personal identity verification (PIV) procedures.  Contractor employees who do not already possess a current PIV Card acceptable to the agency shall be required to provide personal background information, undergo a background investigation (NACI or other OPM-required or approved investigation), including an FBI National Criminal History Fingerprint Check prior to being permitted access to any such facility or system. CPSC may accept PIV issued by another Federal Government agency but shall not be required to do so. No contractor employee will be permitted access to a CPSC facility or system without approval under the PIV process.

b.  Contracted employees must meet the following citizenship requirements: 
1.  A United States (U.S.) citizen; or,
2.  A national of the United States (see 8. U.S.C. 1408); or,
3.  An alien lawfully admitted into the United States for permanent residence as evidenced by an alien Registration Receipt Card form I-151
c.  Within five (5) days after contract award, the Contractor shall provide a list of contracted personnel, including full name, social security number, and place (city and state) and date of birth to the designated Contracting Officer’s Representative (COR).  This information will be used to determine whether personnel have had a recent Federal background investigation and whether or not further investigation is required.
d.  For each contractor employee subject to the requirements of this clause and not in possession of a current PIV Card acceptable to CPSC, the Contractor shall submit the following properly-completed forms: Electronic Standard Form (SF) 85 or 85-P, "Questionnaire for Non-sensitive Positions," SF 87 Fingerprint Chart, Optional Form (OF) 306, and a current resume. The SF-85 is available from the Office of Personnel Management’s (OPM) secure website.  The CPSC Office of Human Resources will provide the COR with the other forms that are not obtainable via the internet.
e.  The Contractor shall complete the electronic security form and deliver the other completed forms indicated in paragraph d above to the COR within five (5) days of written notification from the COR of those contractor employees requiring background investigations.
f.  Upon completion of the investigation, the COR will notify the Contractor in writing of all investigation determinations. If any contractor employees are determined to be unsuitable to be given access to CPSC, the Contractor shall immediately provide identical information regarding replacement employees.  The Contractor is responsible for providing suitable candidates and fulfilling staffing requirements under the contract so that there is no break in service.  This approval process applies to contract start up and any required replacement personnel. Failure to prequalify potential replacement personnel will not serve as an excuse for failure to provide performance.  Nonperformance due to failure to provide suitable contractor employees may result in a Termination for Cause or Default.
g.  CPSC will issue a PIV Card to each on-site contractor employee who is to be given access to CPSC facilities and systems. The employee will not be given access prior to issuance of a PIV Card.  CPSC may revoke a PIV card at any time if an investigation or subsequent investigation reveals that the personnel are unsuitable.
h.  PIV Cards shall identify individuals as contractor employees. Contractor employees shall display their PIV Cards on their persons at all times while working in a CPSC facility, and shall present cards for inspection upon request by CPSC officials or security personnel. The contractor shall be responsible for all PIV Cards issued to the contractor’s employees and shall immediately notify the COR if any PIV card(s) cannot be accounted for.
i.  CPSC shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to CPSC facilities and systems.  The COR will notify the Contractor immediately when CPSC has determined that an employee is unsuitable or unfit to be permitted access.  The Contractor shall immediately notify such employee that he/she no longer has access, shall remove the employee and shall provide a suitable replacement in accordance with contract requirements and the requirements of this clause.
j.  By execution of this contract, the Contractor certifies that none of the employees working under this contract have been convicted of a felony, a crime of violence, or a misdemeanor involving moral turpitude, such as a conviction of larceny within the last five (5) years. During contract performance the contractor shall immediately notify CPSC if one of its employees working under this contract has been convicted of a felony, a crime of violence, or a misdemeanor involving moral turpitude, such as a conviction of larceny within the last five years.
k. The Government reserves the right to have removed from service any Contractor employee for any of the following:
1.  Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude, such as a conviction of larceny within the last five (5) years.
2.  Falsification of information entered on security screening forms or other documents submitted to the Government.
3. Improper conduct during performance of the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct is directly related to the contract.
4. Any behavior judged to be a threat to personnel or property.
l.  The COR shall be responsible for proper separation of contracted employees at the Consumer Product Safety Commission.  The COR shall ensure that each contractor employee completes CPSC’s official out processing procedures. The contracted employee shall report to the CPSC Facilities Security Specialist to obtain a Contractor Employee Accountability and Clearance Record.  This record shall be completed as part of the official out-processing procedures and returned along with the PIV Card, key fobs, keys and any other previously issued material.
m.  Contractor employees shall comply with applicable Federal and CPSC statutes, regulations, policies and procedures governing the security of the facilities and system(s) to which the contractor's employees have access.
n.  Failure on the part of the Contractor to comply with the terms of this clause may result in termination of this contract for cause or default.
o.  The contractor shall incorporate this clause in all subcontracts.
(End of Clause)

LC 32 Standards of Conduct 

1.  Government contractors must conduct themselves with the highest degree of integrity and honesty. Contractors shall have standards of conduct and internal control systems that:
a. Are suitable to the size of the company and the extent of their involvement in
Government contracting,
b. Promote such standards,
c. Facilitate timely discovery and disclosure of improper conduct in connection with Government contracts, and
d. Ensure corrective measures are promptly instituted and carried out.

2.  By submitting a proposal in response to this solicitation and under award of any resultant contract, the Contractor agrees to employ standards of conduct and internal control systems, which shall include, but are not necessarily limited to the following. 
The Contractor shall provide, for all employees: 
a. A written code of business ethics and conduct and an ethics training program 
b. Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with standards of conduct and the special requirements of Government contracting;
c. A mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports;
d. Internal and/or external audits, as appropriate;
e. Disciplinary action for improper conduct;
f.  Timely reporting to appropriate Government officials of any suspected or possible violation of law in connection with Government contracts or any other irregularities in connection with such contracts; and
g. Full cooperation with any Government agencies responsible for either investigation or corrective actions.
h. A copy of the written code of ethics and information regarding the above shall be made available to the Government upon request. 

End of Clause

LC 33 Contractor Personnel 

A clear distinction is made between Government and Contractor personnel.  No employer-employee relationship will occur between government employees and contractor employees.  Contractor employees must report directly to their company (employer) and shall not report to Government personnel.  

LC 37 Security and Privacy

(a) Agency rules of conduct that the Contractor and the Contractor’s employees shall be required to follow:
In performing its duties related to management, operation, and/or access of systems containing sensitive PII under this contract, the Contractor, its employees and subcontractors shall comply with all applicable security requirements and rules of conduct as specified by the following:
1.    Contractor employees must comply with agency personal identity verification (PIV) requirements in order to logically access Government systems.
2.    System access granted under this contract is only for work required to perform official duties specified in the contract.  The performance of any unrelated and/or unauthorized activity is prohibited.
3.    Access to Government information systems (where applicable) will only be for the period stated in the contract. Thereafter, all accounts, passwords, and access associated with the contract will be terminated. 
4.    Disclosure of any system account information or system passwords to any unauthorized third-party is prohibited. 
5.    Exhibiting or divulging the content of any record or report to any person except in the performance of official duties specified in the contract is prohibited. 
6.    Using any data accessed with a Government system account for unauthorized purposes is prohibited. 
7.    No official record, report, database, or copy thereof, may be removed from Government premises or Government systems without prior written permission. 
8.    Contractor employees are prohibited from modifying, altering, or otherwise changing any Government system component or configuration except in the performance of official duties specified in the contract.  Contractor employees are prohibited from issuing any system command or running any software, scripts, or programs on Government systems without prior authorization. 
9.    Contractor employees must not disclose sensitive or personal privacy-related information to any unauthorized third-party. 
10.  Contractor must notify the Government Contracting Officer immediately upon the termination of any Contractor or subcontractor employee so that system accounts, remote access, or other forms of system access can be terminated.
11.    The use of Contractor-owned laptops or other portable media storage devices to process, transmit, or store sensitive PII is prohibited under this contract [unless the Contractor is authorized to access Government systems through the agency’s virtual desktop infrastructure environment].
12.    The Contractor must notify the Government Contracting Officer and the agency’s Information Systems Security Officer (ISSO) immediately upon the discovery—or suspected discovery—of any type of security incident, malicious activity, or data breach affecting or that might potentially affect the Government’s network or specific systems.
13.    Contractor employees with access to Government systems must agree to agency Rules of Behavior and shall complete annual security awareness training.

(b) A list of the anticipated threats and hazards that the Contractor must guard against.
The Contractor must use reasonable measures to guard against the following threats and hazards:
1.    Unauthorized disclosure or use of sensitive system information—including system architecture, system configuration, system accounts, and system passwords.
2.    Unauthorized disclosure or use of the contents of any information obtained from Government systems—including system records, system reports, or databases.
3.    Unauthorized modification or alteration of any Government system component or configuration
4.    Unauthorized circumvention, avoidance, or deception of any Government security system, measure, or control.
5.    Unauthorized installation and/or use of hardware, software, firmware, portable media storage, or mobile devices on Government systems.
6.    Unauthorized use of Government systems—including hardware, software, system accounts, Internet access, and email accounts—for activity which is not required to perform official duties under this contract.

(c) A description of the safeguards that the Contractor must specifically provide.
1.    The Contractor shall limit access to any information related to this contract to those employees and subcontractors who require the information in order to perform their official duties under this contract.
2.    The Contractor, Contractor employees, and subcontractors must physically secure PII when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss.
3.    When PII is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed through means that will make the PII irretrievable.
4.    The Contractor shall only use PII obtained under the contract for purposes of the contract, and shall not collect or use such information for any other purpose without the prior written approval of the Contracting Officer.
5.    At expiration or termination of this contract, the Contractor shall turn over to the Government, all PII obtained under the contract that is in its possession.
6.    In the event of any actual or suspected breach of PII, the Contractor shall immediately report the breach to the Contracting Officer, the Contracting Officer’s Representative (COR), and the agency’s Information Systems Security Officer (ISSO).
7.    In the event that a PII breach occurs as a result of the violation of a term of this contract by the Contractor or its employees, the Contractor shall, as directed by the Contracting Officer and at no cost to the Government, take timely action to correct or mitigate the violation, which may include providing notification and/or other identity protection services to affected persons for a period of at least 18 months from discovery of the breach.  If the Government elects to provide and/or procure notification or identity protection services in response to a breach, the Contractor shall be responsible for reimbursing the Government for those expenses. The Contractor shall incorporate the substance of this clause, its terms and requirements in all subcontracts under this contract, and require written subcontractor acknowledgement of same. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.  

(d) Requirements for a program of Government inspection during performance of the contract that will ensure the continued efficacy and efficiency of safeguards and the discovery and countering of new threats and hazards.
Work to be performed under this contract requires the design, development, operation, or disposal of a Federally-controlled information system containing sensitive personally identifiable information or handling sensitive personally identifiable information.  To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of personally identifiable information, the Contractor shall permit the Government access to, and information regarding, the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases, when requested by the Government, as part of its responsibility to ensure compliance with privacy and security requirements.   The Contractor shall otherwise cooperate with the Government in assuring compliance with such requirements.  Government access shall include independent validation testing of controls, system penetration testing by the Government, Federal Information Security Management Act data reviews, and access by agency Inspectors General for its reviews.
Definitions.
“Personally Identifiable Information” (PII) means information that can be used to distinguish or trace a person’s identity, such as his or her name, social security number, or biometric records, that alone, or when combined with other personal or identifying information which is linked or linkable to a specific person, such as date and place of birth, or mother’s maiden name. 
“Breach” means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to Personally Identifiable Information, whether physical or electronic.

(End of clause)

Questions about this requirement are due via email to sjohnson@cpsc.gov no later than July 8, 2021 at 1:00 pm eastern time.  Please contact the Contract Specialist, Sheryl Johnson, with any inquiries at sjohnson@cpsc.gov.