074-17 - NBIB US Office of Personnel Management - Contract Amendment 1AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT I 1 CONTRACT ID CODE
2. AMENDMENTIMODIFICATION NO 3 EFFECTIVE DATE
P00001 05/18/2018
6ISSUED BY CODE 243620
NBIB
US Office of Personnel Management
1137 Branchton Road
Boyers PA 16018
B NAME AND ADDRESS OF CONTRACTOR p4o, street, cowNy. State and ZIP code)
PORT ORCHARD, CITY OF:1487
216 PROSPECT STREET
PORT ORCHARD WA 983665339
CODE 081932790
4 REQUISITION/PURCHASE REG NO 5. PROJECT NO (II'applicable)
25441
7 ADMINISTERED BY (If other than Item 6) CODE
AMENDMENT OF SOLICITATION NO
DATED (SEE ITEM 1f)
X 1DA MODIFICATION OF CONTRACT/ORDER NO
2436201HD0090
108 DATED (SEE fTEM 13)
CODE 10/01/2011
I-1 The above numbered solicitation is amended as set forth in Item 14 The hour and dale specified for receipt of Offers ❑ is extended ❑ is not extended
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation was amended, by one of the followng methods (a) By completing
Items B and 15. and returning copies of the amendment (b) By acknowledging receipt of this amendment on each copy of the after submitted; or (c) By
separate letter or telegram which includes a reference tc the solicitation and amendment numbers FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT
THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by
virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or Wier, provided each telegram or letter makes
reference to the solicitation and this amendment, and is received prior to the opening hour and date specified
12 ACCOUNTING AND APPROPRIATION DATA (N required)
See Schedule
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTSIORDERS. IT MODIFIES THE CONTRACTIORDER NO. AS DESCRIBED IN ITEM 14.
A THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specifyauthon(y) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
ORDER NO IN ITEM 10A
B THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office.
appropriation data. ek) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43 103(b)
AUTHORITY OF
X I Administrative
E. IMPORTANT: Contractor J is not Lx) is required to sign this document and return
copies to the issuing office
M DESCRIPTION OF AMENDMENTIMOOIFICATION (Organized by UCF section headings, including solicifationkontract subject matter where feasible)
The purpose of this modification is to administratively attach the Scope of Work. This is
a no cost modification to the contract.
Period of Performance: 10/01/2011 to 09/30/2022
Except as orovided here. all terms and mnditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full farce and effect
15A NAME AND TITLE OF SIGNER (Type dr print)
16A NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
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Jesse C. Rumbel
t CONTRACTOR/OFFEROR
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(SprW1xn W prtraan auMnrzed to sqn)
15C DATE SIGNED
16B UNITED STATES OFAMERICA
Di9 itall signed by JESSERUMBE
Y
JESSE RUMBEL Date; 201 B.O5.1B 10.2920 -04'00
(Sognalure or ,:onbadkrp 016cad
16C DATE SIGNED
05/18/2018
NSN 754001.152-070
Previous edition unusable
Date Signed:
10
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Prescribed by GSA
FAR (40 CFR) 53 243
Robert Putaansul( Mayor
Scope of Work
TABLE OF CONTENTS
SECTION B: SUPPLIES OR SERVICES AND PRICE/COST.........................................................3
B.1
Overview...................................................................................................................................... 3
B.2
Minimum/Maximum Order Limitations.................................................................................. 3
B.3
Contract Line Item Numbers..................................................................................................... 3
SECTION C: DESCRIPTIONS / SPECIFICATIONS / SOW........................................................... 5
C.1
Introduction and Program Objectives...................................................................................... 5
C.2
Authority......................................................................................................................................5
C.3
Scope of Work............................................................................................................................. 5
SECTION D: PACKAGING AND MARKING................................................................................... 6
D.1
Packaging.....................................................................................................................................6
SECTION E: INSPECTION AND ACCEPTANCE........................................................................... 7
EA
Assessing Contractor Performance........................................................................................... 7
SECTION F: DELIVERIES OR PERFORMANCE........................................................................... 8
F.1
Period of Performance................................................................................................................ 8
F.2
Place of Performance.................................................................................................................. 8
F.3
Ordering.......................................................................................................................................8
FAShipping
Destination................................................................................................................... 8
F.5
52.247-34 F.o.b. Destination...................................................................................................... 8
SECTION G: CONTRACTOR ADMINISTRATION DATA............................................................ 9
G.1
Contracting Officer (CO)........................................................................................................... 9
G.2
Contracting Officer's Representative(COR).........................................................................10
G.3
Limitation of Technical Direction from the COR..................................................................10
GA
Contractor's Invoices................................................................................................................10
SECTION H: SPECIAL CONTRACT REQUIREMENTS.............................................................13
H.1
All Items to Become Property of the Government.................................................................13
H.2
OPM-Specific Clauses...............................................................................................................13
SECTIONI: CONTRACT CLAUSES...............................................................................................
28
1.1
52.252-02 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)..........................28
1.2
52.216-18 Ordering. (OCT 1995).............................................................................................
28
1.3
52.216-22 Indefinite Quantity. (OCT 1995)............................................................................
29
1.4
52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984).................................29
SECTION J: LIST OF ATTACHMENTS.........................................................................................
30
1
Scope of Work
SECTION K: REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS OR RESPONDENTS..................................................................................................... 31
K.1 52.204-8 Annual Representations and Certifications............................................................ 31
SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS................................................................................................................................... 35
L.1 52.216-01 Type of Contract (APR 1984)................................................................................. 35
L.2 52.233-02 Service of Protest (SEP 2006)................................................................................. 35
L.3 Instructions for Preparing Proposals......................................................................................35
SECTION M: EVALUATION FACTORS FOR AWARD.............................................................. 37
M.1 General.......................................................................................................................................37
M.2 Past Performance Technical Evaluation Factor..................................................................... 37
M.3 Price/Cost Proposal Evaluation............................................................................................... 37
MAMethod of Award...................................................................................................................... 37
2
Scope of Work
SECTION B: SUPPLIES OR SERVICES AND PRICE/COST
13.1 Overview
The Office of Personnel Management (OPM) National Background Investigations Bureau
(NBIB) is committed to conducting background investigations on individuals (employees or
applicants) for federal employment, members of the military, consultants, volunteers and/or
contractor personnel for national security purposes. This contract is for criminal history record
information in support of background investigations as OPM NBIB obtains criminal history
records in order to meet the requirements of the Intelligence Reform and Terrorism Prevention
Act of 2004.
B.2 Minimum/Maximum Order Limitations
This Contract is an indefinite delivery/indefinite-quantity firm fixed unit price contract. For a
full period of performance, this Contract has a minimum annual guaranteed value of $10 with a
maximum total value of $10 over the entire expected life of the contract. This maximum may be
increased through bilateral modification. If this Contract is terminated for any reason, the
minimum annual guaranteed value will be prorated by month of performance during the fiscal
year.
13.3 Contract Line Item Numbers
The Contractor shall perform all services as specified in the Statement of Work (SOW),
attachments, and references to this contract. Unit prices are listed below.
Performance Period: 10/01/2017 through 09/30/2018
CLIN Description
Unit Est Qty Unit Price
001-A Criminal record history information on the OPM NBIB Subject
per
Search 40 $10
Performance Period: 10/01/2018 through 09/30/2019
CLIN
Description
Unit
Est Qty
Unit Price
001-B
Criminal record history information on the OPM NBIB Subject
Search
40
$10
Scope of Work
Performance Period: 10/01/2019 through 09/30/2020
CLIN
Description
Unit
Est Qty
Unit Price
001-C
Criminal record history information on the OPM NBIB Subject
per Search
40
$10
Performance Period: 10/01/2020 through 09/30/2021
CLIN
Description
Unit
Est Qty
Unit Price
001-D
Criminal record history information on the OPM NBIB Subject
per Search
40
$10
Performance Period: 10/01/2021 through 09/30/2022
CLIN
Description
Unit
Est Qty Unit Price
001-E
Criminal record history information on the OPM NBIB Subject
40 $10
Search
Scope of Work
SECTION C: DESCRIPTIONS / SPECIFICATIONS / SOW
CA Introduction and Program Objectives
OPM NBIB provides background investigation (BI) products and services to departments and
agencies of the federal government. BIs are required to determine an individual's eligibility for
access to classified information, assignment to or retention in positions with sensitive duties, or
other designated duties requiring such investigations. The investigations often involve personal
and intimate details of an individual's life and must be processed and conducted with tact and
discretion. Information collected by the Contractor, as part of the BIs, is protected under the
Privacy Act of 1974.
C.2 Authority
The following authorities provide OPM NBIB and its Agents, the authorization to request and
maintain information, depending on the purpose of the investigation: Executive Orders (E.O.$)
9397, 10450, 10577, 10865, 12333, and 12968, as amended; E.O.s 13467, 13488, and 13549; 5
U.S.C. sections 1103, 1302, 1303, 1304, 3301, 7301, 9101, and 11001; 22 U.S.C. sections 272b,
290a, and 2519; 31 U.S.C. section 1537; 42 U.S.C. sections 1874(b)(3), 2165, 2201, and 20132;
50 U.S.C. section 3341; Public Law 108-136; 5 C.F.R. parts 2, 5, 731, 732, 736, and 1400; and
Homeland Security Presidential Directive 12 (HSPD 12). Public Law 101-647, Crime Control
Act of 1990
C.3 Scope of Work
The Contractor shall provide criminal history information within the available jurisdiction, while
appropriately safeguarding the confidentiality of data exchanged as per OPM NBIB terms and
conditions.
OPM NBIB will provide the Contractor with the OPM NBIB subject information necessary in
order to conduct the criminal history records check via a mailed voucher (INV FORM 44) or via
in person (Federal Agent or Contract Investigator).
The Contractor will be required to conduct the search and provide the necessary requested
information back to OPM NBIB via the mailed voucher (INV FORM 44) or via in person
(Federal Agent or Contract Investigator).
5
Scope of Work
SECTION D: PACKAGING AND MARKING
D.1 Packaging
Preservation, packaging, and packing for shipment or mailing of all work -related materials and
products will be in accordance with good commercial practice and adequate to ensure acceptance
by common carrier and safe transportation and delivery at destination at the most economical
rate(s), or as otherwise directed by OPM.
0
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SECTION E: INSPECTION AND ACCEPTANCE
EA Assessing Contractor Performance
If any of the services do not conform to contract requirements, the Government may require the
Contractor to perform the services again in conformity with contract requirements, at no increase
in contract amount. When the defects in services cannot be corrected by re -performance, the
Government may -
(1) Require the Contractor to take necessary action to ensure that future performance
conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
7
Scope of Work
SECTION F: DELIVERIES OR PERFORMANCE
FA Period of Performance
The period of performance shall consist of a five year period with task orders on a fiscal year
basis from October 1, 2017 to September 30, 2022. The period of performance shall not exceed
five (5) years.
F.2 Place of Performance
The work requested under this contract will be conducted at the Contractor's place of business.
F.3 Ordering
Task Orders will be issued on an as needed basis by the Contracting Office. These orders may
be in written or electronic form. At minimum the order will state the following, QTY, Cost, Unit
of Issue, Ordering Address, Delivery Address, and Period of Performance.
Payments under this contract will be made by check, Government purchase card, or by wire
transfer through the Treasury Financial Communications System.
F.4 Shipping Destination
Unless otherwise specified, the Contractor shall deliver all products furnished hereunder, in hard
copy, to the following destination:
U.S. Office of Personnel Management
National Background Investigations Bureau
PO Box 618, 1137 Branchton Rd
Boyers, PA 16018-0618
Based on the determination of the COR, the Contractor shall deliver some projects using special
handling, including overnight delivery.
F.5 52.247-34 F.o.b. Destination.
F.O.B. DESTINATION (Nov 1991)
(a) The term' £o.b. destination," as used in this clause, means-
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Scope of Work
(1) Free of expense to the Government, on board the carrier's conveyance, at a specified
delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to
which shipment can be made) is located; and
(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port
city and supplies are for export), warehouse unloading platform, or receiving dock, at the
expense of the Contractor. The Government shall not be liable for any delivery, storage,
demurrage, accessorial, or other charges involved before the actual delivery (or "constructive
placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are
caused by an act or order of the Government acting in its contractual capacity. If rail carrier is
used, supplies shall be delivered to the specified unloading platform of the consignee. If motor
carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the
unloading platform of the consignee, except when the supplies delivered meet the requirements
of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When
supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including
movement to the tailgate) shall be performed by the consignee, with assistance from the truck
driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload
shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when
required, if transfer to truck is required to complete delivery to consignee.
(b) The Contractor shall—
(1)(i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment in conformance with carrier
requirements;
(2) Prepare and distribute commercial bills of lading;
(3) Deliver the shipment in good order and condition to the point of delivery specified in the
contract;
(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of
the shipment by the consignee at the delivery point specified in the contract;
(5) Furnish a delivery schedule and designate the mode of delivering carrier; and
(6) Pay and bear all charges to the specified point of delivery.
SECTION G: CONTRACTOR ADMINISTRATION DATA
G.1 Contracting Officer (CO)
The CO has the overall responsibility for this Contract. The CO alone, without delegation, is
authorized to take actions on behalf of the Government to amend, modify or deviate from the
Contract terms, conditions, and requirements. The CO may delegate certain other responsibilities
to authorized representatives or Contracting Officer's Representative (COR).
0
Scope of Work
G.2 Contracting Officer's Representative (COR)
At the time of Contract award, the Contracting Officer will appoint one or more COR, in writing,
to provide technical direction and control during Contract performance, monitor the progress of
the Contract, and ascertain, for purposes of approval for payment, that the performance of the
Contractor is acceptable with respect to content, quality of services and materials, cost, and
timeliness.
The COR will not be authorized to change any Contract terms or conditions. That authority is
reserved exclusively to the Contracting Officer.
The COR or designated representative is authorized to issue task orders.
G.3 Limitation of Technical Direction from the COR
Performance of work under this Contract will be subject to the technical direction of the COR or
a designated representative.
Technical direction must be within the scope of Section C [Descriptions / Specifications /
SOW] of the Contract. The COR does not have the authority to issue any technical
direction which:
2. Constitutes a change of assignment of additional work outside Section C [Descriptions /
Specifications / SOW];
3. Constitutes a change as defined in the Contract clause entitled "Changes..." in Section I
[Contract Clauses];
4. In any manner causes an increase or decrease in the Contract price, or the time required
for Contract performance;
5. Changes any of the terms, conditions or specifications of the Contract; or
6. Interferes with the Contractor's right to perform under the terms and conditions of the
Contract.
GA Contractor's Invoices
The Contractor will be required to submit a certified invoice for all work completed, prior to
payment. Certified invoices may be submitted monthly. A proper invoice must include the
following items:
1. Name and address of the Contractor.
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Scope of Work
2. Invoice date and invoice number. (Contractors should date invoices as close as
possible to the date of mailing or transmission.)
3. Contract number or other authorization for supplies delivered or services
performed (including order number and Contract line item number).
4. Description, quantity, unit of measure, unit price, total invoice amount, and
extended price of supplies delivered or services performed.
5. Shipping and payment terms (e.g., shipment number and date of shipment,
discount for prompt payment terms). Bill of lading number and weight of
shipment will be shown for shipments on Government bills of lading.
6. Name and address of Contractor official to whom payment is to be sent (must be
the same as that in the Contract or in a proper notice of assignment).
7. Name (where practicable), title, phone number, and mailing address of person to
notify in the event of a defective invoice.
Taxpayer Identification Number (TIN). The Contractor must include its TIN on
the invoice only if required by agency procedures. (See 4.9 TIN requirements.)
9. Electronic funds transfer (EFT) banking information.
a. The Contractor must include EFT banking information on the invoice.
10. Any other information or documentation required by the Contract (e.g., evidence
of shipment).
a. Invoice Submission
ALL OPM original invoices for work completed in support of the contract,
along with any supporting documentation, can either be e-mailed in an
electronic format (preferred method) to PromptPay@opm.gov or sent to
the address below.
U.S. Office of Personnel Management
National Background Investigations Bureau
1137 Branchton Rd
Boyers, PA 16018-0618
Attn: Acquisition & Administrative Support
i. Inquiries regarding payment of invoices should be directed to
PromptPay@opm.gov.
ii. If supplies, services, technical or other reports are rejected for
11
Scope of Work
failure to conform to the technical requirements of the Contract, or
for damage in transit or otherwise, the invoice will be rejected and
returned to the Contractor.
b. Supporting Documentation
i. Supporting documentation shall contain an itemized list detailing
the OPM NBIB Case Number, OPM NBIB Case Name or the
subject's last name, and corresponding CLIN Amount for each
search provided.
1. Supporting documentation is preferred to be submitted
electronically in an Excel spreadsheet
ii. Neither the invoice, nor the supporting documentation shall
contain any Personally Identifiable Information (PII) to include
copies of reports, forms, and/or files.
1. PII is information that can be used to discern or trace a
person's identity, such as name, social security number,
biometric records, and that combined with other
information can be used to compromise the integrity of
agency records relating to a person, by permitting access to
unauthorized disclosure of these records. For example, a
name alone would generally not constitute PII, but when
linked to his or her social security number, date of birth, or
mother's maiden name, would constitute PII. In other
words, PII refers to any information, on any medium, that
identifies a specific individual whether the information is
on paper or electronic.
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Scope of Work
SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 All Items to Become Property of the Government
Title to all materials and work in process acquired or produced by the Contractor for
performance under this contract and chargeable thereto as well as title to all source data
information and materials furnished to the Government will remain with the Government upon
completion of the contract. All items pertaining to the work and services to be performed
pursuant to the agreement are the property of the Government during the performance period of
the contract, and will remain with the Government upon completion of the contract. The
Government will have the full right to use each of these for its purposes without compensation or
approval on the part of the Contractor. In addition, upon request from OPM, contractor will
provide a full/complete copy of a computer's hard drive, complete personnel records (to include
training records, travel records, time and attendance records, performance evaluations, conduct,
etc.) or any other materials as necessary for an investigation without the need for a subpoena.
H.2 OPM-Specific Clauses
1752.205-70 Announcement of Contract Award (JUL 2006)
OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and
publicly announcing contract awards. These actions take place at the time of, and not before, the
contract is awarded. Contract award, in this case, means signature of the contractual document
by the Contracting Officer and forwarding of the contractual document to the contract awardee.
If the contract awardee wishes to make a separate public announcement, the awardee must obtain
the approval of the Contracting Officer prior to releasing the announcement, and must plan to
make announcement only after the contract has been awarded.
1752.209-74 Organizational Conflicts of Interest (JUL 2005)
(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are
no relevant facts or circumstances which could give rise to an organizational conflict of interest
(OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the
Contractor has disclosed all such relevant information.
(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the
Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure
must include a description of actions, which the Contractor has taken or proposes to take, after
consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential
conflict.
(c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it
deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential
OCI prior to award or discovered an actual or potential conflict after award and did not disclose
or misrepresented relevant information to the Contacting Office, the Government may terminate
13
Scope of Work
the contract for default, debar the Contractor from Government contracting, or pursue such other
remedies as may be permitted by law or this contract.
(d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts
unless a waiver is requested from, and granted by, the Contracting Officer.
(e) In the event that a requirement changes in such a way as to create a potential conflict of
interest for the Contractor, the Contractor must:
(1) Notify the Contracting Officer of a potential conflict, and;
(2) Recommend to the Government an alternate approach which would avoid the
potential conflict, or
(3) Present for approval a conflict of interest mitigation plan that will:
(i) Describe in detail the changed requirement that creates the potential conflict of
interest; and
(ii) Outline in detail the actions to be taken by the Contractor or the Government
in the performance of the task to mitigate the conflict, division of
subcontractor effort, and limited access to information, or other acceptable
means.
(4) The Contractor must not commence work on a changed requirement related to a
potential conflict of interest until specifically notified by the Contracting Officer to
proceed.
(5) If the Contracting Officer determines that it is in the best interest of the Government
to proceed with work, notwithstanding a conflict of interest, a request for waiver must
be submitted in accordance with FAR 9.503.
1752.209-75 Reducing Text Messaging While Driving (OCT 2009)
(a) In accordance with Section 4 of the Executive Order, "Federal Leadership on
Reducing Text Messaging While Driving," dated October 1, 2009, you are hereby encouraged
to:
(1) Adopt and enforce policies that ban text messaging while driving company -owned or
-rented vehicles or Government -owned, -leased or —rented vehicles, or while driving
privately -owned vehicles when on official Government business or when performing
any work for or on behalf of the Government; and
(2) Consider new company rules and programs, and reevaluating existing programs to
prohibit text messaging while driving, and conducting education, awareness, and
other outreach for company employees about the safety risks associated with texting
while driving. These initiatives should encourage voluntary compliance with the
company's text messaging policy while off duty.
(b) For purposes of complying with the Executive Order:
(1) "Texting" or "Text Messaging" means reading from or entering data into any
handheld or other electronic device, including for the purpose of SMS
texting, e- mailing, instant messaging, obtaining navigational
information, or engaging in any other form of electronic data retrieval or
electronic data communication.
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Scope of Work
(2) "Driving" means operating a motor vehicle on an active roadway with the
motor running, including while temporarily stationary because of traffic, a
traffic light or stop sign, or otherwise. It does not include operating a
motor vehicle with or without the motor running when one has pulled over
to the side of, or off, an active roadway and has halted in a location where
one can safely remain stationary.
1752.222-70 Notice of Requirement for Certification of Nonsegregated Facilities (JUL
2005)
By signing this offer or contract, the contractor will be deemed to have signed and agreed to the
provisions of Federal Acquisition Regulations (FAR) Clause 52.222-21, Certification of
Nonsegregated Facilities, incorporated by reference in this solicitation/contract. The certification
provides that the bidder or offeror does not maintain or provide for its employees, facilities
which are segregated on a basis of race, color, religion, or national origin, whether such facilities
are segregated by directive or on a de facto basis. The certification also provides that the
bidder/offeror does not and will not permit its employees to perform their services at any
location under its control where segregated facilities are maintained. FAR Clause 52.222-21
must be included in all subcontracts as well.
1752.222-71 Special Requirements for Employing Special Disabled Veterans, Veterans of
the Vietnam Era, and Other Eligible Veterans (JUL 2005)
(a) If this contract contains FAR Clause 52.222-35 (Equal Opportunity for Special
Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), your company
must comply with the requirements of this clause, including the listing of employment
opportunities with the local office of the state employment service system.
(b) If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled
Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222-38 (Compliance
with Veterans' Employment Reporting Requirements), you are reminded that your company
must comply with the special reporting requirements described in those clauses. Your company
must submit information on several aspects of its employment and hiring of special disabled and
Vietnam era veterans or other veterans who served on active duty during a war or in a campaign
or expedition for which a campaign badge has been authorized. You must submit this
information no later than September 30 of each year, in the "Federal Contractor Veterans'
Employment Report" or VETS-100 Report. The U.S. Department of Labor has established a web
site for submitting this report. The address is: http://www.vets100.cudenver.edu.
1752.223-71 Environmentally Preferable Products and Services (JAN 2017)
(a) Executive Order 13693, Planning for Federal Sustainability in the Next Decade, requires in
agency acquisitions of goods and services (i) use of sustainable environmental practices,
including acquisition of biobased, environmentally preferable, energy -efficient, water -efficient,
15
Scope of Work
and recycled -content products, and (ii) use of paper of at least 30 percent post -consumer fiber
content.
(b) By signing this offer or contract, the contractor will be deemed to have signed and agreed that
all goods and services provided under this contract will comply with the above requirements of
Executive Order 13693.
1752.224-70 Definition of Terms (DEC 2015)
The following definitions apply to this contract:
(a) Information: This term is synonymous with the term Data. Both terms refer to single
or multiple instances of any recorded or communicated fact or opinion being stored or
transferred in any digital or analog format or medium.
(b) Controlled Unclassified Information (CUI): This term refers to that sub -category of
Information where the loss, misuse, or unauthorized access or modification could
adversely affect the national interest or the conduct of federal programs, or the privacy to
which individuals are entitled under 5 USC Section 552a (the Privacy Act) that has not
been specifically authorized under criteria established by an Executive Order or an Act of
Congress to be kept classified in the interest of national defense or foreign policy.
(c) Personally Identifiable Information (PII): This term refers to that sub -category of CUI
that can be used to distinguish or trace an individual's identity, either alone or when
combined with other personal or identifying information that is linked or linkable to a
specific individual.
(d) Information System: This term refers to a system composed of people and equipment
that processes or interprets Information.
(e) Information Technology (IT) System: This term refers to that sub -category of
Information System composed of hardware, software, data, and networks that processes
or interprets Information.
(f) Information Security Incident (ISI): This term refers to any event that includes the known,
potential, or suspected exposure, loss of control, compromise, unauthorized disclosure,
unauthorized acquisition, or unauthorized access of any Contractor or Government Information
or Information Systems.
(g) Record:
(1) For the purpose of Records Management, this term refers to all recorded Information,
regardless of form or characteristics, made or received by a Federal agency under
Federal law or in connection with the transactions of public business and preserved or
appropriate for preservation by that agency or its legitimate successor as evidence of
the organization, functions, policies, decisions, procedures, operations, or other
activities of the US Government or because of the informational value of the data in
them.
16
Scope of Work
(2) For the purpose of the Privacy Act, this term refers to any item, collection, or
grouping of Information about an individual that is maintained by an agency,
including, but not limited to, education, financial transactions, medical history, or
criminal or employment history, and that contains the person's name, or the
identifying number, symbol, or other identifier assigned to the individual, such as a
fingerprint, voiceprint, or a photograph.
(h) System of Records on individuals: This term refers to a group of any Records from which
Information is retrieved by the name of the individual or by some identifying number, symbol, or
other identifier assigned to the individual.
(i) Operation of a System of Records: This term refers to the performance of any of the activities
associated with maintaining the System of Records, including the collection, use, and
dissemination of Records.
0) Privileged User: This term refers to a user that is assigned an organization -defined privileged
role that allows that individual to perform certain security -relevant functions that ordinary users
are not authorized to perform. These privileged roles include, but are not limited to, IT system
development, key management, account management, network and system administration,
database administration, and web administration.
1752.224-71 Freedom of Information Act Requests (SEP 2009)
(a) Offerors are reminded that information furnished under this solicitation may be subject to
disclosure under the Freedom of Information Act (FOIA). Therefore:
(1) All items that are confidential to business, or contain trade secrets, proprietary, or
personnel information must be clearly marked in all documents submitted to the U.S.
Office of Personnel Management (OPM or The Government). Marking of items will
not necessarily preclude disclosure when the OPM determines disclosure is warranted
by FOIA. However, if such items are not marked, all information contained within the
submitted documents will be deemed to be releasable.
(2) No later than five (5) business days after award of a contract, blanket purchase
agreement (BPA), or order, the Contractor must provide OPM a redacted copy of the
contract/BPA/order in electronic format. This copy will be used to satisfy any
requests for copies of the contract/BPA/order under the FOIA. If the Contracting
Officer believes that any redacted information does not require protection from public
release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the
Federal Acquisition Regulation.
(b) Any information made available to the Contractor by the Government must be
used only for the purpose of carrying out the provisions of this contract and
17
Scope of Work
must not be divulged or made known in any manner to any person except as
may be necessary in the performance of the contract.
(c) In performance of this contract, the Contractor assumes responsibility for
protection of the confidentiality of Government records and must ensure that
all work performed by its subcontractors shall be under the supervision of the
Contractor or the Contractor's responsible employees.
(d) Each officer or employee of the Contractor or any of its subcontractors to whom any
Government record may be made available or disclosed must be notified in writing the
Contractor that information disclosed to such officer or employee can be used only for a purpose
and to the extent authorized herein, and that further disclosure of any such information, by any
means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal
sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever
knowingly converts to their use or the use of another, or without authority, sells, conveys, or
disposes of any record of the United States or whoever receives the same with intent to convert it
to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a
fine of up to $10,000, or imprisoned up to ten years, or both.
1752.224-73 Protecting Information (DEC 2015)
(a) Applicability
(1) This clause applies to the Contractor, its subcontractors and teaming partners, and
employees (hereafter referred to collectively as "Contractor").
(2) These requirements are applicable to all Information, regardless of medium,
maintained by the Contractor for the performance of this contract.
(3) These requirements are in addition to all applicable requirements established by the
Privacy Act of 1974 (5 U.S.C. 552a); and to all other requirements established by
various Federal statutes, mandates, and Executive Orders for the management and
security of Information and Information Systems. The following additional
requirements should not be construed to alter or diminish civil and/or criminal
liabilities provided under the Privacy Act or any other applicable Federal statutes.
(b) Authorization to Handle Controlled Unclassified Information (CUI)
(1) Prior to receiving, collecting, transmitting, storing, using, accessing, sharing, or
removing CUI from any approved locations; the Contractor must receive approval in
writing from the Chief Information Officer (CIO) through the Contracting Officer
(CO) or Contracting Officer's Representative (COR).
(2) If the Contractor should begin to receive, collect, transmit, store, use, access, or share
CUI without appropriate approval, it should be reported as an Information Security
Incident (ISI).
18
Scope of Work
(3) Prior to removing CUI from any approved location, electronic device, removable
media, or storage container, approval must be received in writing from the CO or
COR.
(c) Authorization to Use Information Technology (IT) Systems
(1) Prior to designing, developing, operating, accessing, or using an IT system that will
store or process Information other than general information necessary to manage the
contract (such as billing), the Contractor must receive approval in writing from the
CIO through the CO or COR.
(2) The time required to obtain approval may be lengthy, and the Contractor should
identify this requirement as soon as possible.
(3) If the Contractor should begin to operate, access, or use an IT system without
appropriate approval, it must be reported as an ISI.
(d) Retention of Authorizing Documentation
The Contractor must maintain a current and complete file of all documentation authorizing
handling of CUI during the period of performance of the contract, unless otherwise
instructed by the Contracting Officer. Documentation will be made accessible during
inspections or upon written request by the CO or the COR.
1752.224-77 Information Security Incidents (ISI) (Dec 2015)
(a)ISI Reporting Activities
(1) Contractors must report any and all ISI involving OPM Information to the
OPM Security Monitoring Center (SMC) at CyberSolutionskopm.gov, 844-
377-6109. The SMC is available 24 hours per day, 365 days per year.
(2) Contractors must report any and all ISI involving information technology (IT)
systems and Controlled Unclassified Information (CUI) immediately upon becoming
aware of the ISI but no later than 30 minutes after becoming aware of the ISI,
regardless of day or time; regardless of internal investigation, evaluation, or
confirmation of procedures or activities; and regardless of whether the ISI is
suspected, known, or determined to involve IT systems operated in support of this
contract.
(3) Contractors reporting an ISI to the SMC by email or phone must copy the Contracting
Officer (CO) or Contracting Officer's Representative (COR) if possible; but if not,
must notify the CO or COR immediately after reporting to the SMC.
19
Scope of Work
(4) When reporting an ISI to the SMC by email:
(a) Do not include any CUI in the subject or body of any email;
(b) Use FIPS 140-2 compliant encryption methods to protect CUI to be included as
an email attachment, and do not include passwords in the same email as the
encrypted attachment; and
(c) Provide any supplementary information or reports related to a previously
reported incident directly to the OPM SMC with the following text in the
subject line of the email: "Supplementary Information / Report related to
previously reported incident # [insert number]."
(b) ISI Review and Response Activities
(1) The Contractor must provide full access and cooperation for all activities determined
by CO or COR to be required to ensure an effective review and response to protect
OPM's Information and Information Systems operated in support of this contract.
(2) The Contractor must promptly respond to all requests by the CO or COR for ISI and
system -related information, including but not limited to disk images, log files, event
information, and any other information determined by OPM to be required for a rapid
but comprehensive technical and forensic review.
(3) OPM, at its sole discretion, may obtain the assistance of Federal agencies and/or third
parry firms to aid in ISI Review and Response activities.
(c) ISI Determination Activities
(1) The Contractor must not make any determinations related to an ISI associated with
Information Systems or Information maintained by the Contractor in support of the
activities authorized by this contract, including determinations related to notification
of affected individuals and/or Federal agencies (except reporting criminal activity to
Law Enforcement Organizations) and offering of services, such as credit monitoring.
(2) The Contractor must not conduct any internal ISI-related review or response activities
that could modify or eliminate any existing technical configuration or information or
forensic technical evidence existing at the time of the ISI without approval from the
OPM Chief Information Officer (CIO) through the CO or COR.
(3) All determinations related to an ISI associated with Information Systems or
Information maintained by the Contractor in support of the activities authorized by
this contract will be made only by the OPM CIO through the CO or COR.
(4) The Contractor must report criminal activity to Law Enforcement Organizations upon
becoming aware of such activity.
20
Scope of Work
1752.224-78 Information Security Inspections (Dec 2015)
(a) The Contractor must permit and cooperate with any mutually agreed upon pre -scheduled
onsite or offsite information security inspections, such as:
(1) Before initiation of the performance period;
(2) As periodically scheduled for contract oversight and compliance purposes;
(3) As determined by the OPM Chief Information Officer (CIO) through the Contracting
Officer (CO) or Contracting Officer's Representative (COR) to be required for
evaluation of or in response to any reported Information Security Incident (ISI); or
(4) As determined by the OPM CIO through the CO or COR to be required to address
any risk of non-compliance with the requirements of this contract.
(b) OPM will provide the Contractor with a Post -Inspection Report, which will state findings and
specify the Contractor's requirement for remediating findings to maintain compliance with this
contract.
(c) The Contractor must provide a formal response to the OPM Post -Inspection Report within
fifteen (15) days of receipt of the report for critical/high risk findings and within thirty (30 days
for all other findings.
1752.224-79 Suspension of Contract for Security Concerns (Dec 2015)
If at any time during Contract performance it is determined that the Contractor is not in full
compliance with the security requirements of this Contract, the Government may immediately
suspend performance under this Contract and require the immediate return of all Controlled
Unclassified Information (CUI) materials and information to the Government at full Contractor
expense. Any work suspension resulting from a security lapse will not be subject to equitable
adjustment; all costs incurred will be borne by the Contractor.
1752.232-71 Method of Payment (JUL 2005)
(a) Payments under this contract will be made either by check, or by wire transfer through the
Treasury Financial Communications System at the option of the Government.
(b) The Contractor must forward the following information in writing to the Contracting Officer
not later than seven (7) days after receipt of notice of award:
(1) Full Name (where practicable), title, telephone number, and complete mailing address
of responsible official(s):
(i) to whom check payments are to be sent, and
(ii) who may be contacted concerning the bank account information requested
below.
21
Scope of Work
(2) The following bank account information required to accomplish wire transfers:
(i) Name, address, and telegraphic abbreviation of the receiving financial
institution.
(ii) Receiving financial institution's 9-digit American Bankers Association (ABA)
identifying number for routing transfer of funds. (Provide this number only if
the receiving financial institution has access to the Federal Reserve
Communications System.)
(iii) Recipient's name and account number at the receiving financial institution to
be credited with the funds. If the receiving financial institution does not have
access to the Federal Reserve Communications System, provide the name of
the correspondent financial institution through which the receiving institution
receives electronic funds transfer messages. If a correspondent financial
institution is specified, also provide:
(A) Address and telegraphic abbreviation of the correspondent financial
institution.
(B) The correspondent financial institution's 9-digit ABA identifying
number for routing transfer of funds.
(c) Any changes to the information furnished under paragraph (b) of this clause shall be
furnished to the Contracting Officer in writing at least 30 days before the effective date of the
change. It is the Contractor's responsibility to furnish these changes promptly to avoid
payments to erroneous addresses or bank accounts.
(d) The document furnishing the information required in paragraphs (b) and (c) must be dated
and contain the signature, title, and telephone number of the Contractor official authorized to
provide it, as well as the Contractor's name and contract number
1752.232-72 Limitation of Government's Obligation (MAY 2009)
(a) Contract line item(s) 001 is incrementally funded. For these item(s), the sum of $0 of the
total price is presently available for payment and allotted to this contract. An allotment schedule
is set forth in paragraph 0) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to
the point at which the total amount payable by the Government, including reimbursement in the
event of termination of those item(s) for the Government's convenience, approximates the total
amount currently allotted to the contract. The Contractor is not authorized to continue work on
those item(s) beyond that point. The Government will not be obligated in any event to reimburse
the Contractor in excess of the amount allotted to the contract for those item(s) regardless of
anything to the contrary in the clause entitled "Termination for Convenience of the
Government." As used in this clause, the total amount payable by the Government in the event of
termination of applicable contract line item(s) for convenience includes costs, profit, and
estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph 0) of this clause,
the Contractor will notify the Contracting Officer in writing at least thirty days prior to the date
when, in the Contractor's best judgment, the work will reach the point at which the total amount
22
Scope of Work
payable by the Government, including any cost for termination for convenience, will
approximate 85 percent of the total amount then allotted to the contract for performance of the
applicable item(s). The notification will state (1) the estimated date when that point will be
reached and (2) an estimate of additional funding, if any, needed to continue performance of
applicable line items up to the next scheduled date for allotment of funds identified in paragraph
0) of this clause, or to a mutually agreed upon substitute date. The notification will also advise
the Contracting Officer of the estimated amount of additional funds that will be required for the
timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may
be specified in the allotment schedule in paragraph 0) of this clause or otherwise agreed to by the
parties. If after such notification additional funds are not allotted by the date identified in the
Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate
any item(s) for which additional funds have not been allotted, pursuant to the clause of this
contract entitled "Termination for Convenience of the Government."
(d) When additional funds are allotted for continued performance of the contract line item(s)
identified in paragraph (a) of this clause, the parties will agree as to the period of contract
performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of
this clause will apply in like manner to the additional allotted funds and agreed substitute date,
and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates
indicated below, in amounts sufficient for timely performance of the contract line item(s)
identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in
the performance of the work under this contract and if additional funds are allotted, an equitable
adjustment will be made in the price or prices (including appropriate target, billing, and ceiling
prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any
such equitable adjustment hereunder will be a dispute concerning a question of fact within the
meaning of the clause entitled "Disputes."
(f) The Government may at any time prior to termination allot additional funds for the
performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the
clause entitled "Default." The provisions of this clause are limited to the work and allotment of
funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer
applies once the contract is fully funded except with regard to the rights or obligations of the
parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant
to the clause of this contract entitled "Termination for Convenience of the Government."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose
acceptance is otherwise prohibited under 31 U.S.C. 1342.
0) The parties contemplate that the Government will allot funds to this contract in accordance
with the following schedule:
On execution of contract $Minimum Guarantee
23
Scope of Work
Additional amounts will be funded against awarded task orders.
1752.232-74 Providing Accelerated Payment to Small Business Subcontractors (OCT
2012)
(a)This clause implements the temporary policy provided by OMB Policy Memorandum M-12-
16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (Note:
OMB Policy Memorandum M-12-16 is accessible on line at:
http://www.whitehouse.gov/sites/default/files/omb/memoranda/2012/m-12-16.pdf.)
(b)Upon receipt of accelerated payments from the Government, the contractor is required to pay
all small business subcontractors on an accelerated timetable to the maximum extent practicable
after receipt of invoice and all proper documents.
(c)Include the substance of this clause, including this paragraph (b), in all subcontracts with
small business.
1752.233-70 OPM Protest Procedures (JAN 2017)
(a) An interested parry who files a protest with OPM has the option of requesting review and
consideration of the protest by either the Contracting Officer (CO) or the Senior Procurement
Executive (SPE). The protest must clearly indicate the official to whom it is directed.
(b) If the protest is directed to the SPE, a copy of the protest must be sent to the Director of
Contracts at the same time the protest is filed with the CO in accordance with FAR 52.233-2.
The address of the Director of Contracts is:
Elijah Anderson
Director of Contracts, Office of Procurement Operations
U.S. Office of Personnel Management
1900 E Street N.W., Room 1342
Washington, DC 20415
(c) Review and consideration of a protest by the SPE is an alternative to review and
consideration by the CO.
1752.237-70 Non -Personal Services (JUL 2005)
(a) As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992,
Inherently Governmental Functions, no personal services shall be performed under this contract.
No Contractor employee will be directly supervised by the Government. All individual
employee assignments, and daily work direction, shall be given by the applicable employee
supervisor. If the Contractor believes any Government action or communication has been given
that would create a personal services relationship between the Government and any Contractor
24
Scope of Work
employee, the Contractor must promptly notify the Contracting Officer of this communication
or action.
(b)The Contractor must not perform any inherently Governmental actions under this contract. No
Contractor employee shall hold him or herself out to be a Government employee, agent, or
representative. No Contractor employee may state orally or in writing at any time that he or she
is acting on behalf of the Government. In all communications with third parties in connection
with the contract, Contractor employees must identify themselves as Contractor employees and
specify the name of the company for which they work. In all communications with other
Government Contractors in connection with this contract, the Contractor employee must state
that they have no authority to in any way change the contract and that if the other Contractor
believes this communication to be a direction to change their contract, they should notify the
Contracting Officer for that contract and not carry out the direction until a clarification has been
issued by the Contracting Officer.
(c) The Contractor must insure that all of its employees working on this contract are informed of
the substance of this clause. Nothing in this clause limits the Government's rights in any way
under any other provision of the contract, including those related to the Government's right to
inspect and accept the services to be performed under this contract. The substance of this clause
must be included in all subcontracts at any tier.
1752.242-71 Return of OPM and OPM-Activity-Related Information (Dec 2015)
(a) Within thirty (30) days after the end of the contract performance period or after the contract is
suspended or terminated by the Contracting Officer, unless otherwise instructed by the
Contracting Officer, the Contractor must return all original OPM-provided and OPM-Activity-
Related Information, such as records, files, and metadata in electronic or hardcopy format,
including but not limited to the following:
(1) provided by OPM;
(2) obtained by the Contractor while conducting activities in accordance with the contract
with OPM;
(3) distributed for any purpose by the Contractor to any other related organization and/or
any other component or separate business entity; or
(4) received from the Contractor by any other related organization and/or any other
component or separate business entity.
(b) Within forty-five (45) days after the end of the contract performance period or after the
contract is suspended or terminated by the Contracting Officer, unless otherwise instructed by
the Contracting Officer, the Contractor must provide the Contracting Officer and COR with an
associated Certification of Verified Return of all original OPM and OPM-Activity-Related
Information, such as records, files, and metadata in electronic or hardcopy format, including but
not limited to the following:
25
Scope of Work
(1) provided by OPM;
(2) obtained by the Contractor while conducting activities in accordance with the contract
with OPM;
(3) distributed for any purpose by the Contractor to any other related organization and/or
any other component or separate business entity; or
(4) received from the Contractor by any other related organization and/or any other
component or separate business entity.
1752.242-72 Secure Destruction of All OPM and OPM-Activity-Related Information (Dec
2015)
(a) Within sixty (60) days after the end of the contract performance period or after the contract is
suspended or terminated by the Contracting Officer, BUT ONLY after the Contracting Officer
(CO) or Contracting Officer's Representative (COR) has accepted and approved the Contractor's
compliance with the Certification of Verified Return, the Contractor must execute secure
destruction of all copies of all OPM and OPM-activity-related files and information (including
but not limited to all records, files, and metadata in electronic or hardcopy format) not returned
to OPM and held in possession by the Contractor, by procedures approved by the CO or COR in
advance and in accordance with applicable OPM IT Security Policy Requirements, including but
not limited to the following:
(1) provided by OPM;
(2) obtained by the Contractor while conducting activities in accordance with the
contract;
(3) distributed for any purpose by the Contractor to any other related organization and/or
any other component or separate business entity; or
(4) received from the Contractor by any other related organization and/or any other
component or separate business entity.
(b) Within seventy-five (75) days after the end of the contract performance period or after the
contract is suspended or terminated by the CO, BUT ONLY after the CO or COR has accepted
and approved the Contractor's compliance with the Certification of Verified Return, the
Contractor must provide the CO or COR with Certification of Secure Destruction of all existing
active and archived originals and/or copies of all OPM and OPM-activity-related files and
information, (including but not limited to all records, files, and metadata in electronic or
hardcopy format); by procedures approved by OPM in advance and in accordance with
applicable OPM IT Security Policy Requirements; including but not limited to the following:
(1) provided by OPM;
(2) obtained by the Contractor while conducting activities in accordance with the
contract;
(3) distributed for any purpose by the Contractor to any other related organization and/or
any other component or separate business entity; or
26
Scope of Work
(4) received from the Contractor by any other related organization and/or any other
component or separate business entity.
1752.242-88 Contract Performance Information (JUL 2005)
(a) Dissemination of Contract Performance Information
The Contractor must not publish, permit to be published, or distribute for public consumption,
any information, oral or written, concerning the results or conclusions made pursuant to the
performance of this contract, without the prior written consent of the Contracting Officer. Two
copies of any material proposed to be published or distributed must be submitted to the
Contracting Officer for approval.
(b) Contractor Testimony
All requests for the testimony of the Contractor or its employees, and any intention to testify as
an expert witness relating to: (a) any work required by, and or performed under, this contract: or
(b) any information provided by any party to assist the Contractor in the performance of this
contract, must be immediately reported to the Contracting Officer. Neither the Contractor nor its
employees must testify on a matter related to work performed or information provided under this
contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding
unless approved by the Contracting Officer or required by a judge in a final court order.
27
Scope of Work
SECTION I: CONTRACT CLAUSES
I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text
available. Also, the full text of a clause may be accessed electronically
at https://www.acquisition.aov/
NUMBER
TITLE
DATE
FEDERAL ACQUISITION REGULATIONS (48 CFR Chapter 1)
52.202-1
Definitions.
NOV 2013
52.203-3
Gratuities.
APR 1984
52.203-5
Covenant Against Contingent Fees.
MAY 2014
52.203-6
Restrictions on Subcontractor Sales to the Government.
SEP 2006
52.203-7
Anti -Kickback Procedures.
MAY 2014
52.203-17
Contractor Employee Whistleblower Rights and Requirement to
APR 2014
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.211-5
Material Requirements.
AUG 2000
52.217-8
Option to Extend Services.
NOV 1999
52.222-50
Combating Trafficking in Persons
MAR 2015
52.223-18
Encouraging Contractor Policies to Ban Text Messaging While
AUG 2011
52.225-13
Restrictions on Certain Foreign Purchases.
JUN 2008
52.232-1
Payments.
APR 1984
52.232-18
Availability of Funds
APR 1984
52.232-39
Unenforceability of Unauthorized Obligations.
JUN 2013
52.233-3
Protest after Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim.
OCT 2004
52.243-1
Changes — Fixed Price.
AUG 1987
52.244-6
Subcontracts for Commercial Items.
JAN 2017
I.2 52.216-18 Ordering. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance
of delivery orders or task orders by the individuals or activities designated in the
Schedule. Such orders may be issued from the date of award through the expiration of
contract.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract.
In the event of conflict between a delivery order or task order and this contract, the
contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government
28
Scope of Work
deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic
commerce methods only if authorized in the Schedule.
I.3 52.216-22 Indefinite Quantity. (OCT 1995)
(a) This is an indefinite -quantity contract for the supplies or services specified, and effective
for the period stated, in the Schedule. The quantities of supplies and services specified in
the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance
with the Ordering clause. The Contractor shall furnish to the Government, when and if
ordered, the supplies or services specified in the Schedule up to and including the
quantity designated in the Schedule as the "maximum." The Government shall order at
least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the
Schedule, there is no limit on the number of orders that may be issued. The Government
may issue orders requiring delivery to multiple destinations or performance at multiple
locations.
(d) Any order issued during the effective period of this contract and not completed within
that period shall be completed by the Contractor within the time specified in the order.
The contract shall govern the Contractor's and Government's rights and obligations with
respect to that order to the same extent as if the order were completed during the
contract's effective period; provided, that the Contractor shall not be required to make
any deliveries under this contract after 6 months of the contract.
I.4 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)
Funds are not presently available for performance under this contract. The Government's
obligation for performance of this contract beyond that date is contingent upon the availability of
appropriated funds from which payment for contract purposes can be made. No legal liability on
the part of the Government for any payment may arise for performance under this contract until
funds are made available to the Contracting Officer for performance and until the Contractor
receives notice of availability, to be confirmed in writing by the Contracting Officer.
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Scope of Work
SECTION J: LIST OF ATTACHMENTS
None
30
Scope of Work
SECTION K: REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS
OF OFFERORS OR RESPONDENTS.
K.1 52.204-8 Annual Representations and Certifications.
ANNUAL REPRESENTATIONS AND CERTIFICATIONS
(JAN 2017)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is
561611.
(2) The small business size standard is $20.5 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other
than on a construction or service contract, but which proposes to famish a product which it did not itself
manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation,
paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently
registered in the System for Award Management (SAM), and has completed the Representations and
Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision
instead of completing the corresponding individual representations and certifications in the solicitation.
The offeror shall indicate which option applies by checking one of the following boxes:
❑ (i) Paragraph (d) applies.
❑ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations
and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as
indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to
solicitations when a firm -fixed -price contract or fixed -price contract with economic price adjustment is
contemplated, unless —
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding
procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal
Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal
Confidentiality Agreements or Statements -Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include
the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women -Owned Business (Other Than Small Business). This provision applies to
solicitations that —
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
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(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations —Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to
solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony
Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance —Sealed Bidding. This provision applies to invitations for
bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of
performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision
applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA,
and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the
Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed
bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to
solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other
than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision
applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition
threshold and the contract is not for acquisition of commercial items.
(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order
13673). This provision applies to solicitations expected to exceed $50 million which are issued from
October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued
after April 24, 2017.
Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined
indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the
court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the
Federal Register advising the public of the termination of the injunction.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require
the delivery or specify the use of USDA —designated items; or include the clause at 52.223-2, Affirmative
Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are
for, or specify the use of, EPA —designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals —
Representation. This provision applies to solicitation that include the clause at 52.204-7.
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the
clause at 52.225-1.
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(xxi) 52.225-4, Buy American —Free Trade AgreementsIsraeli Trade Act Certificate. (Basic,
Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its
Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its
Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its
Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing
the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan —
Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran -Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation.
This provision applies to solicitations for research, studies, supplies, or services of the type normally
acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting
Officer:
[Contracting Officer check as appropriate.]
— (i) 52.204-17, Ownership or Control of Offeror.
— (ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
— (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services -Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for
EPA —Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
— (A) Basic.
—(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM
website accessed through https://www.acquisition.gov. After reviewing the SAM database information,
the offeror verifies by submission of the offer that the representations and certifications currently posted
electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been
entered or updated within the last 12 months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the NAICS code referenced for this
solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);
except for the changes identified below [offeror to insert changes, identifying change by clause number,
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title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and
are current, accurate, and complete as of the date of this offer.
FAR CLAUSE # TITLE DATE CHANGE
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an
update to the representations and certifications posted on SAM.
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SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS.
This contract incorporates one or more clauses by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text
available. Also, the full text of a clause may be accessed electronically
at https://www.acquisition.gov/
52.204-7 System for Award Management. (OCT 2016)
LA 52.216-01 Type of Contract (APR 1984)
The Government contemplates award(s) of an indefinite -delivery, indefinite -quantity, fixed unit
price Contract(s) resulting from this solicitation.
L.2 52.233-02 Service of Protest (SEP 2006)
(a) Protests, as defined in section 3 1. 101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the Government
Accountability Office (GAO), shall be served on the Contracting Officer (addressed as
follows) by obtaining written and dated acknowledgment of receipt from:
U.S. Office of Personnel Management
National Background Investigations Bureau
Attn: Clint Hartle
1137 Branchton Road
Boyers, PA 16018
(b) The copy of any protest shall be received in the office designated above within one day of
filing a protest with the GAO.
L.3 Instructions for Preparing Proposals
(a) General
NBIB will seek proposals from law enforcement agencies who are known to provide this service.
NBIB does not anticipate that technical proposals will be provided or are necessary to contract
for this service. NBIB anticipates law enforcement agencies will either respond only with
pricing via email or through phone calls. The designated point of contact for this series of
acquisitions is:
U.S. Office of Personnel Management
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National Background Investigations Bureau
Attn: Sarah Croyle
1137 Branchton Road
Boyers, PA 16018
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SECTION M: EVALUATION FACTORS FOR AWARD.
M.1 General
NBIB intends to award contracts to law enforcement agencies known to provide this service. As
detailed in the approved Justification for Other than Full and Open Competition, these agencies
are the only known providers of this service and they independently set the fee.
M.2 Past Performance Technical Evaluation Factor
Factor 1 — Prior Experience / Past Performance
NBIB intends to review each agency prior to award to verify that the law enforcement agency
(provider) is not debarred or excluded from doing business with the Federal Government.
In the event proposals are received from other unidentified sources, NBIB will revisit this
evaluation factor.
M.3 Price/Cost Proposal Evaluation
The law enforcement agencies known to provide this service set their prices independent of
NBIB. Price will be evaluated solely to ensure sufficient budgetary commitments by NBIB. In
the event proposals are received from other unidentified sources, NBIB will revisit this
evaluation factor.
MA Method of Award
NBIB intends to issue contracts with all law enforcement agencies identified in the approved
Justification for other than Full and Open Competition. These awards will be made in
accordance with FAR 15.1.
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