Loren Data's SAM Daily™

FBO DAILY ISSUE OF APRIL 07, 2010 FBO #3056
SOLICITATION NOTICE

R -- HUD STaffing and Job Classification System

Notice Date

4/5/2010
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541519 — Other Computer Related Services
 

Contracting Office

Department of Housing and Urban Development, OCPO, Office of Program Operations, Office of Program Operations, NP, 451 7th Street S.W., Washington, District of Columbia, 20410, United States
 

ZIP Code

20410
 

Solicitation Number

C-OPC-23584
 

Archive Date

5/5/2010
 

Point of Contact

Dorsey H. Delavigne, Phone: 2024023776, Tim Borrum, Phone: 202.402.3402
 

E-Mail Address

dorsey.delavigne@hud.gov, leon.borrum@hud.gov
(dorsey.delavigne@hud.gov, leon.borrum@hud.gov)
 

Small Business Set-Aside

HUBZone
 

Description

US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SOLICITATION NUMBER R-OPC-23548 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; proposals are being requested and a written solicitation will not be issued. The solicitation number is R-OPC-23548 and the solicitation is issued as a request for proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-40. This procurement is set aside for HUBZone firms. The NAICS code is 541519. See the attached solicitation for a list of requirements for the items to be acquired, date(s) and place(s) of delivery and acceptance and FOB point. The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and has not been revised. The provision at 52.212-2, Evaluation -- Commercial Items, is used, and the specific evaluation criteria are included in paragraph (a) of that provision. Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and has not been revised.. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. See the clause to see which of the additional FAR clauses cited in the clause are applicable to the acquisition. See Section L.8 for the date, time and place offers are due and the name and telephone number of the individual to contact for information regarding the solicitation. April 5, 2010 Dear Prospective Offeror: SUBJECT: Request for Proposal Number R-OPC-23548 HUD Staffing and Job Classification Procurement This Request for Proposal (RFQ) is issued by the Department of Housing and Urban Development (HUD), Office of the Chief Procurement Officer (OCPO), for the Office of Administration/Chief Human Capital Officer under RFQ number R-OPC-23548. The Office of Administration/Chief Human Capital Officer requires the use of an automated staffing and job classification system. The support of an automated staffing and job classification system that can assist with Federal Government staffing and job classification is critical to provide HUD HR specialists the ability to hire the quality and amount of staff necessary to meet HUD's missions. This is a competitive procurement conducted under Federal Acquisition Regulation (FAR) Part 12 and in accordance with Subpart 19.1301 HUBZone Program. HUD intends to award a firm-fixed-price contract with one not-to-exceed labor hour contract line item and one not-to-exceed travel contract line item to the Offeror which provides the best value to the Government. Proposals will be evaluated for award as specified in Section M of the RFP. Questions regarding the RFP must be submitted to the Contract Specialist named in Section L of the RFP no later than 11:00 am local time April 8, 2010. If the Government receives questions after that date, the Government reserves the right not to respond to those questions. The resultant contract is contemplated to be as described above, however, the Government reserves the right to award the type of contract most appropriate. The anticipated performance period for this contract is approximately sixty (60) months if all options are exercised. The anticipated contract award date is no later than May 27, 2010. Proposal submission instructions and contact information are contained in Section L of the RFQ. Sincerely, /s/ Terry V. Price Contracting Officer Attachment one: Determination and Findings for Brand Name Justification Attachment two: Solicitation R-OPC-23548 DETERMINATION AND FINDING USE OF BRAND NAME AVUE TECHNOLOGIES CORPORATION SOLICITATION NUMBER R-OPC-23548 HUD STAFFING AND JOB CLASSIFICATION Estimated Contract Value: $17,443,273 over five years PROCUREMENT BACKGROUND: The Office of Administration/Chief Human Capital Officer (OA/CHCO) and the Chief Information Officer (CIO) seek to procure the services of a contractor to obtain use of an automated staffing and job classification service to provide HUD's Human Resources (HR) specialists the ability to hire the quality and amount of staff necessary to meet HUD's missions. Additionally, the Office of Personnel Management (OPM) has imposed a goal of 80 days from the start of the hiring process until the new hire enters on duty. Meeting the OPM goal and the staffing requirements of HUD necessitate the acquisition of an automated staffing and classification system to provide improved technology. The objective is to acquire the use of the system as a commercial item service. In order for an "equal" item to be acceptable it must meet the following requirements: •· Provide a technology solution that supports Federal government staffing and job classification; •· Provide system administration and maintenance support for the solution; •· Provide interface support to facilitate the integration between the solution and HUD Human Resource (HR) Line of Business (LOB); •· Provide unlimited system training/materials; •· Provide 24x7x365 Helpdesk support; and •· Provide Project Management Support. FINDINGS: All requirements under FAR 11.104 have been satisfied as follows: The OS/OCHO and CIO have determined that the use of Avue technologies software is essential to the Government's requirements for HR support as described above. The OS/OCHO and CIO have determined through market research as described below that no other software, other than Avue, will meet HUD needs. The Market Research was conducted in multiple steps. First, discussions with HUD's OCHCO managers and staff identified three potential candidates: Avue Digital Services, Monster Government Solutions and Taleo Corporation. The second step was to use the Internet to search for additional candidates and to gather additional information about identified candidates. Google searches using multiple variations of keywords did not yield additional candidates. The Taleo website did not have any information on job classification support and did not indicate that their system specifically supported Federal Government staffing. Both the Monster and Avue websites indicated they supported job classification and supported Federal Government staffing. Since Taleo did not support job classification they were not considered further. Monster and Avue presented their capabilities to HUD staff. While there are similarities in the two systems, only Avue Digital Services demonstrated the capability of meeting the requirements through an automated functionality for both Staffing and Classification, to include the automatic generation of the Fair Labor Standards Act (FLSA) Classification. Avue does not sell directly to the Government, but uses resellers such as Carahsoft, ACES, and ESVA (last two are HUBZone companies). Ultimately it was decided to compete the requirement among HUBZone re-sellers of the Avue staffing and a classification solution, as Avue Digital Services was the only system that demonstrated it could meet all of HUD's Requirements. DETERMINATION : Based on the above findings, I have determined that the use of Avue software to obtain use of an automated staffing and job classification service under R-OPC-23548 will be advantageous to the Government and is the only service that will meet all the Government's needs. RECOMMEND APPROVAL ______/s/__________________________________________________ Dorsey H. Delavigne, Jr. Date Contract Specialist APPROVED _______/s/_________________________________________________ Terry V. Price Date Contracting Officer Office of the Chief Procurement Officer SECTION B - SUPPLIES OR SERVICES AND PRICES/ COSTS B.1 DESCRIPTION : The Contractor shall perform all work set forth in the attached Statement of Work (SOW), and in accordance with the instructions contained herein and with Federal Acquisition Regulation (FAR) FAR Part 12. All training materials developed under the task order shall be the property of HUD. B. 2 CONTRACT TYPE : This is a Fixed Price, Labor Hour and Travel CLIN contract as defined in subpart 16.2 & 16.6 of the FAR. B. 3 Payment Schedule : The Contractor shall provide the services as required by each contract line item number (CLIN) below in accordance with SECTION C for the prices shown in the schedule. Base Year - May 27, 2010 through May 26, 2011 CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AA Avue Operating System (AOS), Part # 38-2760 - Avue Digital Services, Module Type C, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.1 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AB Avue Operating System (AOS), Part # 38-2600 - Avue Digital Services, Module Type C, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.1 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AC Recruitment, Retention, and Staffing Module (RRS), Part # 38-2120- Avue Digital Services, Module Type B, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.2 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AD Recruitment, Retention, and Staffing Module (RRS), Part # 38-1960, - Avue Digital Services, Module Type B, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.2 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AE Avue Command Center (ACC), Part # 38-2120- Avue Digital Services, Module Type B, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.3 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AF Avue Command Center (ACC), Part # 38-1960, - Avue Digital Services, Module Type B, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.3 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AG Recruitment, Retention, and Staffing Assessment Module (RRS-A), Part # 38-1480- Avue Digital Services, Module Type A, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.4 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AH Recruitment, Retention, and Staffing Assessment Module (RRS-A), Part # 38-1320, - Avue Digital Services, Module Type A, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.4 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Amount 001AI Labor Hour to Support HR Work on a Case by Case Basis - IAW SOW C.4.5 Instructions for Labor Hour Category 202750 H TBD NTE $20,000 CLIN Supplies or Services Funding Identifier Amount 001AJ Travel to Support HR Work on a Case by Case Basis - IAW SOW C.4.1.6 202750 H TBD NTE $5,000 CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AK Avue Operating System (AOS), Part # 38-2280 - Avue Digital Services, Module Type C, Initialization Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.1 Note: Not required for Option Years 1-4 202750 H $ 65 Days $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AL Recruitment, Retention, and Staffing Module (RRS) Part # 38-1640 - Avue Digital Services, Module Type B, Initialization Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.1 Not required for Option Years 1-4 202750 H $ 65 Days $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AM Avue Command Center (ACC) Part # 38-1640 - Avue Digital Services, Module Type B, Initialization Fee (7,500 - 10,000 Employees) IAW SOW C.4..11 Not required for Option Years 1-4 202750 H $ 65 Days $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 001AN Recruitment, Retention, and Staffing Assessment Module (RRS-A) Part # 38-1000 - Avue Digital Services, Module Type A, Initialization Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.1 Not required for Option Years 1-4 202750 H $ 65 Days $ Total Price CLINs 001AA through 001AN - Base Year ______________ Option Year 1 - May 27, 2011 through May 26, 2012 CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 002AA Avue Operating System (AOS), Part # 38-2760 - Avue Digital Services, Module Type C, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.1 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 002AB Avue Operating System (AOS), Part # 38-2600 - Avue Digital Services, Module Type C, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.1 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 002AC Recruitment, Retention, and Staffing Module (RRS), Part # 38-2120- Avue Digital Services, Module Type B, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.2 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 002AD Recruitment, Retention, and Staffing Module (RRS), Part # 38-1960, - Avue Digital Services, Module Type B, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.2 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 002AE Avue Command Center (ACC), Part # 38-2120- Avue Digital Services, Module Type B, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.3 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 002AF Avue Command Center (ACC), Part # 38-1960, - Avue Digital Services, Module Type B, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.3 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 002AG Recruitment, Retention, and Staffing Assessment Module (RRS-A), Part # 38-1480- Avue Digital Services, Module Type A, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.4 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 002AH Recruitment, Retention, and Staffing Assessment Module (RRS-A), Part # 38-1320, - Avue Digital Services, Module Type A, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.4 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Amount 002AI Labor Hour to Support HR Work on a Case by Case Basis - IAW SOW C.4.1.5 Instructions for Labor Hour Category 202750 H TBD NTE $20,000 CLIN Supplies or Services Funding Identifier Amount 002AJ Travel to Support HR Work on a Case by Case Basis - IAW SOW C.4.1.6 202750 H TBD NTE $5,000 Total Price CLINs 002AA through 002AJ - Option Year One $_______________ Option Year 2 - May 27, 2012 through May 26, 2013 CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 003AA Avue Operating System (AOS), Part # 38-2760 - Avue Digital Services, Module Type C, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.1 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 003AB Avue Operating System (AOS), Part # 38-2600 - Avue Digital Services, Module Type C, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.1 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 003AC Recruitment, Retention, and Staffing Module (RRS), Part # 38-2120- Avue Digital Services, Module Type B, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.2 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 003AD Recruitment, Retention, and Staffing Module (RRS), Part # 38-1960, - Avue Digital Services, Module Type B, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.2 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 003AE Avue Command Center (ACC), Part # 38-2120- Avue Digital Services, Module Type B, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.3 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 003AF Avue Command Center (ACC), Part # 38-1960, - Avue Digital Services, Module Type B, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.3 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 003AG Recruitment, Retention, and Staffing Assessment Module (RRS-A), Part # 38-1480- Avue Digital Services, Module Type A, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.4 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 003AH Recruitment, Retention, and Staffing Assessment Module (RRS-A), Part # 38-1320, - Avue Digital Services, Module Type A, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.4 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Amount 003AI Labor Hour to Support HR Work on a Case by Case Basis - IAW SOW C.4.1.5 Instructions for Labor Hour Category 202750 H TBD NTE $20,000 CLIN Supplies or Services Funding Identifier Amount 003AJ Travel to Support HR Work on a Case by Case Basis - IAW SOW C.4.1.6 TBD NTE $5,000 Total Price CLINs 003AA through 003AJ - Option Year Two _________ Option Year 3 - May 27, 2013 through May 26, 2014 CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 004AA Avue Operating System (AOS), Part # 38-2760 - Avue Digital Services, Module Type C, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.1 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 004AB Avue Operating System (AOS), Part # 38-2600 - Avue Digital Services, Module Type C, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.1 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 004AC Recruitment, Retention, and Staffing Module (RRS), Part # 38-2120- Avue Digital Services, Module Type B, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.2 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 004AD Recruitment, Retention, and Staffing Module (RRS), Part # 38-1960, - Avue Digital Services, Module Type B, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.2 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 004AE Avue Command Center (ACC), Part # 38-2120- Avue Digital Services, Module Type B, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.3 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 004AF Avue Command Center (ACC), Part # 38-1960, - Avue Digital Services, Module Type B, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.3 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 004AG Recruitment, Retention, and Staffing Assessment Module (RRS-A), Part # 38-1480- Avue Digital Services, Module Type A, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.4 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 004AH Recruitment, Retention, and Staffing Assessment Module (RRS-A), Part # 38-1320, - Avue Digital Services, Module Type A, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.4 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Amount 004AI Labor Hour to Support HR Work on a Case by Case Basis - IAW SOW C.4.1.5 Instructions for Labor Hour Category 202750 H TBD NTE $20,000 CLIN Supplies or Services Funding Identifier Amount 004AJ Travel to Support HR Work on a Case by Case Basis - IAW SOW C.4.1.6 202750 H TBD NTE $5,000 Total Price CLINs 004AA through 004AJ - Option Year Three _________ Option Year 4 - May 27, 2014 through May 26, 2015 CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 005AA Avue Operating System (AOS), Part # 38-2760 - Avue Digital Services, Module Type C, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.1 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 005AB Avue Operating System (AOS), Part # 38-2600 - Avue Digital Services, Module Type C, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.1 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 005AC Recruitment, Retention, and Staffing Module (RRS), Part # 38-2120- Avue Digital Services, Module Type B, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.2 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 005AD Recruitment, Retention, and Staffing Module (RRS), Part # 38-1960, - Avue Digital Services, Module Type B, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.2 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 005AE Avue Command Center (ACC), Part # 38-2120- Avue Digital Services, Module Type B, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.3 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 005AF Avue Command Center (ACC), Part # 38-1960, - Avue Digital Services, Module Type B, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.3 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 005AG Recruitment, Retention, and Staffing Assessment Module (RRS-A), Part # 38-1480- Avue Digital Services, Module Type A, Annual Subscription/Annual Billing (7,500 - 10,000 Employees) IAW SOW C.4.1.4 $ 12 $ CLIN Supplies or Services Funding Identifier Rate per Month Number of Months Total 005AH Recruitment, Retention, and Staffing Assessment Module (RRS-A), Part # 38-1320, - Avue Digital Services, Module Type A, Extranet Fee (7,500 - 10,000 Employees) IAW SOW C.4.1.4 202750 H $ 12 $ CLIN Supplies or Services Funding Identifier Amount 005AI Labor Hour to Support HR Work on a Case by Case Basis - IAW SOW C.4.1.5 Instructions for Labor Hour Category 202750 H TBD NTE $20,000 CLIN Supplies or Services Funding Identifier Amount 005AJ Travel to Support HR Work on a Case by Case Basis - IAW SOW C.4.1.6 202750 H TBD NTE $5,000 Total Price CLINs 005AA through 005AJ - Option Year Four $___________ Summary Pricing for all Years Year CLINs AA - AH CLINs AK - AN Sub-Total Firm Fixed Price NTE CLIN AI NTE CLIN AJ Totals for all CLINs Base Year $ $ $ $20,000 $5,000 $ Opt Year One $ N/A $ $20,000 $5,000 $ Opt Year Two $ N/A $ $20,000 $5,000 $ Opt Year Three $ N/A $ $20,000 $5,000 $ Opt Year Four $ N/A $ $20,000 $5,000 $ Totals $ $ $ $100,000 $25,000 $ B.4 Ordering Procedures for CLIN 001AI, 002AI, 003AI, 004AI, 005AI The Government will order all services required under these contract line items above by modification. The procedures for issuing modifications under these line items are as follows: (1) For services to be performed under the contract line items above, the GTR will provide the contractor with a requirements document. (2) The contractor shall review the requirements document and provide the GTR with an estimate of the labor mix and level of effort needed in order to complete the services. The estimate shall reference only those labor categories and corresponding labor rates identified in its proposal. See Section J.8 for further instructions. (3) The GTR will review the estimate and determine what labor mix and level of effort should be authorized. (4) The Contracting Officer (CO) will issue a modification separately identifying each labor category and the estimated corresponding level of effort authorized. The modification will also establish a not to exceed amount for completing the required services. The not to exceed amount will be calculated by summing the products of the levels of effort authorized by the corresponding labor rates. The modification will not exceed the remaining fund balance for the contract line item. The modification may be issued electronically. The CO will provide the GTR with a copy of each modification. (5) The contractor shall provide a monthly report to the CO and the GTR of the total hours and dollars expended and remaining balances for each labor category in each Modification. (6) The contractor shall not perform work that causes it to exceed the number of hours specified in the modification for any labor category in the modification prior to obtaining written authorization from the CO. The CO will provide a copy of the written authorization to the GTR. (7) The contractor shall not perform work and the GTR will not authorize a level of effort that causes the contractor to exceed the not to exceed amount. B.5 Ordering Procedures for CLIN 001AJ, 002AJ, 003AJ, 004AJ, 005AJ (1) No travel by Contractor personnel shall be performed in connection with this contract (other than within the Washington DC metropolitan area or to sites outside the metropolitan area that do not require overnight travel) without the prior approval of the GTR/GTM. (2) For Travel other than specified, the Contractor shall provide to the GTR a written request for approval of each trip. The request of approval will include the destination/location, the number/name(s) of Contractor personnel performing the travel, the inclusive dates of the travel, the duration of the travel in days, and the anticipated total cost of the travel. (3) All Contractor travel will be approved/disapproved by the GTR/GTM prior to the beginning dates. If requested by the Government Technical Monitor, the Contractor will provide the government with a written report of significant results accomplished during TDY travel. The Contractor will also incorporate TDY travel performed into monthly progress reports as appropriate. (4) All travel shall conform to Federal travel regulations. SECTION C - PERFORMANCE WORK STATEMENT C. BACKGROUND C.1. GENERAL DESCRIPTION/BACKGROUND C1.1 Mission The Office of the Chief Human Capital Officer (OCHCO) requires the use of an automated staffing and job classification system. The Department of Housing and Urban Development (HUD) has limited human resources staff. The support of a system that can assist with Federal Government staffing and job classification is critical to provide HUD HR specialists the ability to hire the quality and amount of staff necessary to meet HUD's missions. Additionally, the Office of Personnel Management (OPM) has imposed a challenging goal of 80 days from the start of the hiring process until the new hire enters on duty. Meeting the OPM challenge and the staffing requirements of HUD necessitate the acquisition of the support of an automated staffing and classification system to provide technology leverage. The intent is to acquire the use of the system as a service. C1.2 Background In September 2004, the Department of Housing and Urban Development (HUD) executed an Inter Agency Agreement (IAA) with the Department of the Treasury, a Human Resources (HR) Line of Business (LOB) approved Shared Service Center (SSC), to use their core human resources solution, HR Connect. In addition, to HR Connect, HUD uses the Office of Personnel Management (OPM)/USA Staffing System, National Finance Center (NFC)/Payroll and Time and Attendance Systems and HUD in-house systems to support various HR functions. This along with the following challenges has caused HUD to reassess the situation. Issues: •• A demanding customer base within HUD that needs significant help in managing, maintaining and growing a 21 st century workforce to fulfill HUD's core business missions. •• HUD's internal goal to reduce time-to-hire to 79 days •• HUD currently does not have access to an automated classification tool via HR Connect. An automated classification tool capable of generating FLSA designations based on major duties and responsibilities is also needed to decrease the number of inaccurate FLSA designations agency-wide. •• An automated classification tool is needed to assist HUD in reducing the time to hire. Because of skill gaps in the area of classification, the manual process of classifying jobs can take anywhere from 2-3 months which adds significant delays to the hiring process. C.2. OBJECTIVE The principle objective of this procurement is to procure a Staffing and Classification Service that meets the following: •· Provides a technology solution that supports Federal government staffing and job classification; •· System administration and maintenance support for the solution; •· Interface support to facilitate the integration between the solution and HUD Human Resource (HR) Line of Business (LOB); •· System training materials; and •· Helpdesk support. C.3. SCOPE The contractor shall provide a software service that is accessed through a single "master user interface" and automates various strategic functions such as job composition, position management, recruitment, staffing and a complete workflow system covering 100% of the "nature of action codes" (NOACs) used in the Federal Government with a direct interface to the Treasury Department's HR Connect and HUD's Integrated Human Resources and Training System (HIHRTS). The system must come pre-loaded with engineered content and expertise designed specifically for the public sector along with business process management technology, workflow, and transaction processing. The entire offering must be available for afixed annual subscription fee. Contract Operational Support Requirements The Contractor shall meet the following operational support requirements at no additional cost to the government: •§ Product implementation consulting, training and technical support, including: 24x7x365 technical support and data center management; •§ 24x7x365 Help Desk support for job applicants and employees; •§ 24x7x365 direct online and telephone support for staff professionals to assist in all aspects of using the system and delivering HR services to HR customers, including developing positions, recruitment activities, job posting, surge workload support, etc.; •§ Concierge Services for managers, which includes all levels and types of support for job postings, position development, performance plan development, workforce management, workforce forecasting, reporting, skills management, and real-time performance support on Staffing and Classification Service use. •§ Management and executive briefings, to include on-site, online, and telephone support. •§ 24x7x365 direct online and telephone support for managers for all levels and types including job postings, position development, reporting, skills management, and real-time performance support on system use; •§ Employee briefings and "town hall" meetings; •§ On-Site Training for HR and staff professionals, including administrative officers, EEO professionals, budget analysts, payroll and personnel action processing staff, and all others included in the human resources Staffing and Classification process. Integration with existing HUD HR Systems and Services The contract shall include provisions for the following integration requirements with existing HUD HR Systems and Services, both internal and external: •o Provide data about selectees to Department of Treasury's HR Connect •o Provide Data to HUD's HR Data-Store C.4. DETAILED TASK REQUIREMENTS C4.1 Contractor shall provide Services to HUD utilizing the following AVUE Digital Services Modules. •4.1.1 CLIN AA, AB, AK Avue Operating System (AOS), Avue Digital Services Module Type C (7,500 - 10,000 Employees in Subscribing Entity including Initialization, Extranet, and Annual Subscription ); to include the following functionality: The Vendor shall provide: Avue Operating System (AOS) AOS consists of the Avue operating infrastructure - user management, database and rules engines access, application server functionality, workflow, personnel action processing, and system interfaces. In addition, AOS includes certain core software application functionality and database content in support of position classification, position management, employee skills surveys, and workforce skills banks. Service shall include: The Workflow and Personnel Action Request (PAR) System Avue's Personnel Action Request (PAR) system covers 100% of the "SF-52" personnel actions. Managers, or their HR Specialist or Administrative Officers, initiate actions beginning by selecting the type of action from a plain-English menu of possible choices. These 'service requests' are then automatically routed, via Avue's workflow system, to approving officials, verifiers, and other process participants. At the conclusion of the process, PAR generates a.pdf personnel action form, such as the Federal SF-52. The form, rather than the entry point of the process, is developed as the action has been routed, approved, and action taken. Each transaction has an accompanying file for electronic transfer to the payroll system and can produce an electronic form for the OPF as well. In this way, the form and accompanying system file contain the accurate information about personnel action codes, regulatory and legal citations, and payroll data feeds. As the PAR system generates work activities, users are notified of pending actions by the workflow access points found in the Avue Navigator. The Inbox, On Deck, and Watch List functions, along with concurrent notifications sent to each user's regular email system, notify users of the need to go into the system and review and make appropriate decisions so that actions progress. The workflow is customized for each client and often for each business unit within the client organization. Diversity of business process is a reality in large organizations and Avue has ensured that the system conforms to the client business process rather than forcing the client to conform to the software. In this way, the client enjoys the efficiencies of automated workflow without the difficulties of extensive, and often exhaustive, change management. Payroll System Interfaces The AOS bi-directional interface to the client's payroll system not only seamlessly transmits the SF-52 action to the payroll system, but also provides the ability to combine data in the payroll system with position data resident in the Avue system for real-time reporting and visibility on the agency's workforce. The combination of Avue data and payroll data provides a blended view of the workforce, linking positions and people and people to organizations. This blended information allows for superior visibility in the present day and permits trend analysis by combining historical data with current workforce demographics. Avue provides the ability to display this data in dashboard form, via the Avue Command Center, and report it using the Avue online reporting tools for both standard and ad hoc reporting. Avue's payroll system interface provides real-time data into and from the organization's payroll system each and every night. Avue's online, real-time, organizational charts are refreshed each night and the information contained in it is updated based on personnel moves that have occurred during the day. The same data is used for reports and the Avue Command Center. Position Management •· supports all activities relevant to position management - including job classification and pay - and completely automates the processes involved in creating and identifying the work in classified positions, also providing key documentation related to the position. •· uses sophisticated rules engines to determine relationships between duties, job classification, compensation level, and performance standards. After the analysis is complete, produces a classified Position Description, Evaluation Statement, Performance Plan, and Interview Tips for the manager. All of the documents listed are fully integrated to the major duties and responsibilities allocated to a position. •· is pay system-agnostic and supports agencies with a variety of different approaches including pay banding, excepted service, market-base pay, and pay for performance systems. On average, managers developing positions using AOS take only 10 minutes from start to finish. Avue edit capabilities allow users to edit any and all content, except for certain position grade controlling features. These features are write-protected and manager users are permitted to include or exclude them but not to edit the text itself. Should managers build positions and then exclude certain grade controlling features, the AOS module automatically recalibrates the position classification to take into account this affect. All edits are tracked, and documented in the position's history file or status log, with notations by date, time, and user. AOS provides a side-by-side comparison of the original system-generated text and the edited text for ease in identifying edits by other users, such as HR professionals. This text edit tracking is also used by Avue and the client organization to view the type and substance of the edits, and make decisions about whether the edits indicate a substantive change or addition should be made to the core database for all users. Special features are provided to authorized users based on user role and agency authorized permissions. These users, generally HR professionals, may override system generated job classification information, including factor levels, grade, series, title, and/or pay plan. System generated documents note the changes, they are also noted in the position's history or status log file, and they require the addition of remarks explaining the need for the override. Users conducting the override are noted along with the date and time of the action. Position-related content is provided turn-key in the Avue database and made available immediately upon contract award. Any additions, customizations, or new development required for a specific organization are engineered from a wide variety of data sources. These sources include: existing position descriptions, master position records, vacancy announcements, crediting plans, individual development plans, position management policies, appropriate internal guides, and any special related policies or guidance - including governing appeal decisions, court decisions, and/or union requirements that apply to human resource issues to customize the occupational content. In addition, content development, editing, customization, or refresh efforts may include onsite desk audits, focus groups of subject-matter experts, work observation, occupational studies within the client organization, and interagency occupational studies. •· subscription is provided on an "all you can eat" basis, so additions to the database continue to be developed to ensure coverage of all occupational series and specializations within a series. •· staff of content engineers is comprised of classification, staffing and position management experts who use a multipurpose job analysis methodology, and their extensive knowledge of particular occupational families, to customize existing content to reflect all organization-unique features of any position. •· content database has job-specific content for 100% of the government-wide occupations - and the database supports an extensive variety of specialized occupations developed to meet the occupational diversity of our client agencies. At implementation, Avue builds position descriptions to cover all the master positions of record in the organization, as defined by the organization's payroll system, then links positions to employees via the organizational hierarchy and payroll system interface. From this information, Avue provides a real-time, online organizational chart accessible by managers, administrative staff, and HR professionals to look up employee and position information with control over access to the type and detail viewed according each user's role and permissions granted. Avue provides an online method in which agency managers, HR staff, and subject matter experts can provide input on the applicability of Avue occupational content to ensure it meets all customer needs. Avue consults with the organization on- site to determine the degree of rules engine customization required to accommodate particular policy issues, and to tune the grading algorithms to comply with agency policy, prior appeal decisions, and unique pay and classification systems. Avue assists organization decision makers in understanding the near-term and long-range impact of policy changes, in terms of the human resource program and financial effects. As a position management tool, the online desk audit function is used to validate the duties and responsibilities of a position from the perspective of both the employee and supervisor. The online desk audit solicits and documents information for verification of the duties and responsibilities of a position, as well as to support occupational analysis, agency classification policies, and equity in compensation. The Avue online desk audit tool can also be utilized to conduct a position management study of occupations by assessing the duties and responsibilities of each position. Employees can also document any additional duties performed that were not included in their official position descriptions. This supports agency efforts to design career ladders, establish new promotion patterns, assess workload distribution, determine whether to consolidate or decentralize activities, verify grade accuracy, validate work assignments to strategic goals, determine optimal position ratios, and other important functions. Avue's system facilitates the transition to new compensation systems, such as pay banding, from existing Title 5 structures. Multiple approaches to compensation (pay banding, market-based pay, pay for performance) can be accommodated within a single Department-wide contract, with variances in rules and processes down to the individual user, location, occupation, mission, or other variable. •· supports pay banding - a system that integrates a broad band classification system with a market-based or pay-for-performance system. Pay-banding classification systems define several job categories that group together job series describing similar work and meriting similar pay levels in the external market place. Within each job category, there are multiple career levels identified that reflect increasing degrees of responsibility and complexity. •· supports market-based compensation systems used to maintain comparability within a specific market or industry or within a specialized Federal government focus, such as financial regulatory agencies. •· in conjunction with the Performance Optimization Module, or POM, supports performance-based pay systems. •· Through the agency configuration process, Avue defines the business rules, then builds a rules engine that generates the correct series, job category, career level and pay band for each position built. AOS includes employee skill survey capabilities that allow the client organization to maintain a complete inventory of the skills in its employee base for mission deployments, employee development, succession planning, workforce forecasting, recruitment skills banks, and training needs assessment. The AOS database includes all occupations, work activities, certifications, training, education, work history, languages, security clearances, and other competency categories. The skills survey is included in the AOS database and application functionality and is updated along with all content database additions, modifications, customizations, and labor market adjustments. AOS Highlights •· All subject matter content, processing, policies, procedures, reporting, tracking, and real-time performance support required to effectively carry out an agency's position management and classification programs. •· Occupational database includes all General Schedule, Federal Wage System, and other recognized classification categories (such as research, supervisory, and work leaders). •· AOS database contains all occupational series, job activities/duties, classification factor statements, classification values (such as grades or points), related competencies, skills survey instrument data, related data used by other Avue modules, skills and abilities, applicant questionnaires, interview questions, behaviorally-based interview benchmarks, performance elements and standards, and training and development activities. •· Support across the full spectrum of classification and position management program activities. •· Audit trail documents associated with each position that include evaluation statements and document history logs including user activities, position edits, and any applicable classification overrides. •· Complete employee skills inventory including: •o Occupational history. •o Specific job activities. •o Special projects and collateral duties. •o Education, including verification of accreditation of higher education institutions. •o Certifications, licenses, and specialized training including dates, type, and recertification. •o Security clearances. •o Passport clearances. •o Military service, including military occupational specialty. •o Non-compensated work experience. •o Languages, including oral, written, and listening proficiency. •o Overseas experience by country and sector. •· Personnel Action Request workflow with 100% coverage of the SF-52 actions. •· Bi-directional payroll interface, built and maintained by Avue, to enable seamless transaction processing of personnel action requests, as well as real time reporting of relevant information. AOS Feature Functionality •· Creates all positions in all types of pay plans, including pay banding, market-based pay, mixed-series, mixed-grade, career ladder, supervisory, lead, senior level, interdisciplinary, research, and trainee positions. •· Provides ability to automatically create a career ladder from a single-grade position. •· Extensive library development and maintenance functions to provide approved positions for immediate use by managers. •· Customized rules engines for titling practices and series assignment. •· Includes a position description (with factor statements of Factor Evaluation System or any other classification standard), evaluation statement, and performance plan. All position documents can be edited and edits are tracked and visible online. •· The ability to share positions with associated users. •· Online desk audit. •· Online employee skill surveys. •· PAR workflow. •· Bi-directional interface with payroll system. •· Configurable position documents that allow organizations flexibility in determining the manner, style, and content of position information in forms other than traditional position descriptions. •· Full documentation in the system-generated evaluation statement that includes appropriate factors, levels assigned to factors, system-generated classifications, any overrides by type, required override remarks, and referenced published classification standards. •· A complete position description cover sheet, including the OF-8 as well as any agency-specific customization. •· Reporting capability that allows users to build standard and ad hoc reports from an array of report fields including: •o Organizational locations (including subdivisions). •o FLSA status. •o Competitive level codes. •o Bargaining unit status. •o Geographic location. •o Position classification elements, e.g. title, series, grade, pay plan. •o Supervisors and managers. •o Date established. •o Career ladder. •4.1.2 CLIN AC, AD, AL Avue Recruiting, Retention, and Staffing Module; Avue Digital Services Module Type B (7,500 - 10,000 Employees in Subscribing Entity) including Initialization, Extranet, and Annual Subscription; to include the following functionality: Vendor shall provide Avue's Recruitment, Retention, and Staffing Module (RRS) provides for electronic recruitment, job posting, online application, rating, ranking and referral of candidates. Approved positions are posted to over 1,400.org and.edu recruitment sites simultaneously. The system builds a custom job application based on the specific requirements of the position that applicants will complete online and submit for rating and ranking. Module shall include: •· Public notice vacancy announcement (USAJobs format). •· Job summary, short-form vacancy announcement for advertising. •· Email postings for outreach to Avue's 1,400+ recruitment sites. •· Job analysis worksheet. •· Applicant assessment questionnaire. •· Crediting plan. •· Behaviorally-based benchmarked interview guide. •· Online reference check or telephone reference script. •· USAJobs export file (XML or email versions). RRS also includes a complete range of services and support for the ultimate in effective agency recruitment. •· RRS reviews all applications and produces a list of highly qualified applicants for the hiring manager. Business logic engines automatically adjust the lists based on regulatory requirements and union rules to take into consideration special priorities such as veteran's preference, eligibility requirements and priority placement programs. •· RRS also allows applicants to define their interest so that they are automatically informed, by email, when positions are posted that match their profile. •· RRS maintains a centralized database of applicant information that can be easily queried to retrieve applications of candidates with previously determined skill sets and competencies for open positions. In addition, each staffing action is electronically archived to provide an historical record of all applicant transactions. •· RRS produces all required reports and archives all staffing cases and provides for ad hoc reporting using the Avue online reporting tool. OPM required Delegated Examining Unit (DEU) reports and EEOC MD-715 reports are generated automatically and in the required format for submission. RRS also utilizes a DEU Risk Mitigation Tool which warns HR specialists when actions they are taking could be considered regulatory violations. This tool also produces the DEU audit case file in conformance with current OPM DEU audit requirements. •· RRS supports the integration of diversity goals with each staffing action to assure management and HR decisions are tailored to increase diversity and achieve goals related to full representation. •· RRS is the ultimate in applicant relationship management, with automatic, customized, email notifications at every stage of the process, along with 24x7 applicant self-service tracking and status lookup online. RRS Highlights •· Support across the full spectrum of recruitment and staffing activities. •· Automatic complete DEU reporting, integration with FEORP requirements, applicant flow data, and cycle-time metrics and MD-715 reporting. •· As part of the subscription to the RRS Module, clients also receive: •o Custom-branded recruitment sites, including custom video. •o "Open Continuous" recruitment in which potential applicants respond to skills surveys and create a pool of immediately available candidates. •o Support for all client recruitment events, including event-specific recruitment videos. As well as design and graphics support for collateral. •o Support for recruitment source effectiveness analysis. RRS Feature Functionality •· Automatically determines whether candidate meets basic qualifications. •· Automatically rates and ranks candidates, including applying Veterans' Preference and assessing and flagging applicants available through alternative hiring authorities. •· Automatic generation of referral list and notifications to managers that referral lists are available (online) for candidate review, further assessment, and selection. •· Automatically verifies that academic degree was earned from accredited institution and flags applicants where accreditation is not found. •· Online reference checking and automatic generation of telephone reference checking guides. •· Ability to automatically access over 1,400.org and.edu recruitment sources specific to diversity, occupational, and affinity groups. •· Automatically pulls applicant data from USAJOBS. •· Posts single use and open-continuous vacancy announcements. •· Allows single or open-continuous job postings with multiple locations and at multiple grades/series. Applicants select location preferences, from a list or a map. Only applicants who have selected the locations appear on the referral list for that location. •· Single job announcements covering multiple types of appointments and work schedules. •· "Combined Internal/External Announcement" places a statement on the vacancy announcement that indicates the vacancy is a combined announcement and that applicants will be rated for all categories for which they are eligible. Referral lists are generated for each category (internal v. external) since different list rules apply. •· Career ladder announcements. •· Multiple series and inter-or multi-disciplinary announcements. •· The full range of Senior Executive, Senior Level, and other high level and "specialized" positions. •· Recruiter support, program management, prospect management, and event management. •· Survey of both applicants and managers to track satisfaction on each and every announcement. •· Report on applicant flow and diversity content of applicant pools using the Avue online reporting tool. •· Automatic generation of OPM required Delegated Examining Quarterly Workload Report. •· Automatic applicant sorting based on the client's business rules and processes. •· Applicant status tracking. Including: contacted, interviewed, selected, accepted, declined location, declined salary, failed to reply, removed for qualifications determination, removed for suitability, and more. •· Communicates with applicants via email and mail/merge hard copy notices throughout the process, as well as 24/7 applicant ability to look up status. •· Email notifications to applicants to update applications and indicate continued availability and/or interest on Open Continuous announcements (the default update request is every 60 days) and automatic updates to the applicant pool based on the applicant's response. •· Applicant self-service tracking and status lookup online. •· Warning notices delivered by email 72 hours before an announcement closes, to applicants who have started but not completed applying. •· Varied applicant assessment and referral list generation processes that are tailored to the specific need of the Department/Agency. •· Referral lists can be ranked using a variety of methods including in score or alphabetical order, in categories according to category ranking procedures, or in random order. •· Applicant lookup for users with authorization and system permissions. This enables an authorized user to lookup any applicant by typing in the applicant's name. All vacancies for which the applicant has applied are then displayed, along with the applicant's status (e.g., applied, basically qualified, interviewed, etc.). Avue uses this to help manage name requests and special recruitment activities. •· Online, ad hoc, reporting of all activities at every step or event in the HR process including, for example, metrics related to hiring cycle time, service delivery performance, and applicant flow data. •· Automatic reporting on progress toward the OPM 45-Day Hiring cycle. •· Ability to copy and re-use prior vacancy announcements. •· Tracking and reporting on recruiting sources effectiveness including applicant flow from specific sources and tracking applicants from certain sources such as paid advertising and job fairs. •· Automatic generation of EEOC MD-715 reports. •· Online ranking or interview panel support including invitations to participate on the "vacancy team" and online, and upon request onsite, support recording assessment scores and comments and scoring online during the session. •· In those situations where applications must be printed, Avue provides a printable "book" of the applications in.pdf format, complete with a table of contents, tabs for each applicant, and subsections for each application's primary components. Any documents the applicant attaches are also included. •· Unlimited email notifications to applicants and managers. •· Online administration of written tests and the addition of any traditional paper and pencil test based on client request. Tests are administered via Internet access anywhere the applicant is located, provided a client-authorized individual is at that site and can verify the identity of the test taker. •· Automatically produced interview guides, complete with benchmarks, suitable for a structured, behaviorally-based interview. •· Comprehensive online skills surveys (database included as part of AOS) and use of skills surveys for the development of large, open-continuous, applicant pools. •4.1.3 CLIN AE, AF, AM Avue Command Center On-Line Reporting And Decision Support (ACC); Avue Digital Services Module Type B (7,500 - 10,000 Employees in Subscribing Entity) including Initialization, Extranet, and Annual Subscription; to include the following functionality: Vendor shall provide the Avue Command Center On-Line Reporting and Decision Support Module (ACC) represents the ultimate in enterprise-wide visibility on business operations for management decision-support. The objective of ACC is to provide truly actionable information, rather than data, to line and senior managers at all levels of the organization. ACC provides visibility at the granular level all the way up to the truly big picture. Module shall provide the following functionality: Key executives (e.g., CFO, CAO, CIO, and CHCO) can set ACC to push information to managers that is critical to accomplishment of organizational strategic plans and goals. Information is displayed in graphical form with drill down into subordinate data layers and data tables. All data generated and reported can be exported into common desktop applications such as Microsoft Excel TM for further analysis. Operates from a database of Avue ® data merged with elements compiled via the Avue ® system interfaces. In addition, using Avue's Service Oriented Architecture (SOA), data can be accessed, compiled, processed, and transferred to further the accomplishment of a business process that crosses administrative or mission functions and different IT systems supporting those functions. In this way, comprehensive information is always available in real-time and reporting via the Avue ® online reporting and graphics tools. ACC, by virtue of this merged database, is a breakthrough in management reporting tools. •· provides an executive dashboard, refreshed each time it is accessed by the manager, with real-time data and metrics monitoring. Set to display information senior management wants pushed to its managers as well as data the manager elects to display on his/her personal dashboard, ACC ensures critical information about the workforce and mission are constantly accessible to managers making operational decisions in real-time. Program managers, such as HR Directors, also have an ACC that provides real-time metrics tracking key program statistics including workload, workload distribution, over-standard tasks, and performance by staff. •· builds on the Avue ® Operating System,which incorporates payroll data and position information, to permit the user to construct ad-hoc reports on all data within the Avue ® system, including data imported from other systems, such as the finance and accounting systems, which are merged across these administrative silos into one comprehensive database from which reports are created. •· also includes graphing and data display tools that are ideal for making data come to life in ways that provide information, insight and the ability to take action. •· reports can all be saved by the user for repeat use, and report data can be easily "dumped out" into.csv files should the user need to employ more rigorous analysis and modeling tools. •4.1.4 CLIN AG, AH, AN Avue Recruiting, Retention and Staffing Assessment (RRS-A) Module; Avue Digital Services Module Type A (7,500 - 10,000 Employees in Subscribing Entity) including Initialization, Extranet, and Annual Subscription; to include the following functionality: The vendor shall provide Avue's Recruitment, Retention and Staffing Assessment Module (RRS-A) works in conjunction with the RRS module and offers substantially enhanced capabilities for assessing job applicants and promotion candidates. Module shall provide the following functionality: •· allows agencies to track applicants through all phases of the candidate assessment process, including processes involving multiple concurrent phases while maintaining constant visibility on all candidates. •· monitors candidate successes and failures and can pull candidates immediately, from all processes, in the event of a failure. •· allows organizations to sequence individual steps in a process so that the least expensive but highest failure rate steps are advanced, and constantly monitors pass/fail rates on each step to improve the process for both reduced cycle time and reduced costs. For example, credit checks and drug tests can be placed ahead of medical exams or interviews to save on costs and eliminate candidates early rather than later in the process where costs increase. •· electronically notifies applicants of their status or pass/fail points at various trigger points set by the organization and any rights to appeal or reapply. •· has a scheduling feature that allows applicants to self-schedule and also monitors candidate scheduling for such activities as medical exams - prompting candidates with reminders should they fail to schedule or complete such exams. After a series of prompts, if the candidates do not act, they can be notified they are dropped from consideration. Scheduled events are automatically exported to personal calendars such as Microsoft Outlook TM. •· facilitates additional assessments such as background/security checks, drug testing, physical/medical exams, cognitive testing, physical agility tests, psychological assessments, and candidate interviewing. •· provides the foundation for Avue's unique BackchkTM Express process that enables a "vouchering" process to get employees on board and working under interim security clearances pending completion of full clearance reviews. •· works together with actual supplemental services which may be performed by the customer or third party providers. In each case, Avue serves as a single communications hub for collecting and disseminating information, appointment scheduling, results reporting, and operational metrics. This allows applicants to apply for a number of jobs from a single Avue profile without re-entering redundant information, and repeating unnecessary background/medical assessments. Applicants also use their Avue account to schedule any required drug testing and physical/medical assessments at locations nationwide. Service providers, in turn, access Avue to retrieve only the information necessary to complete their assessment and to input status and results. •· provides program managers with complete real-time visibility on each applicant's status and progress through supplemental assessment processes, and identifies where bottlenecks or inefficiencies are elongating cycle time. •· tracks background investigation results and maintains information so disqualified candidates are not considered in the future and those that are determined to be qualified can be 'fast-tracked' for hire ahead of those involved in more elaborate investigations. •· includes an applicant self-scheduling feature for such activities as medical exams. It prompts candidates with reminders should they fail to schedule and complete such exams. After a series of prompts, if the candidates do not act, they can be notified they are dropped from consideration. Scheduled events are automatically exported to personal calendars such as Microsoft Outlook TM. •4.1.5 CLIN AI - HUD may from time to time request the contractor to perform services that supplement/enhance the services provided under this contract. •4.1.6 CLIN AJ - HUD may from time to time request the contractor to perform travel in support the services provided under this contract. SECTION D. PACKAGING AND MARKING D.1 deliverables The contractor shall provide deliverables to addresses identified in Section E - Inspection and Acceptance in machine readable format using Microsoft Office Suite and Adobe via email, or CD-ROM for those deliveries that cannot be e-mailed, unless otherwise specified in individual task order(s). The contractor shall use best commercial practices for formatting deliverables. D.2 MARKINGS FOR ELECTRONIC DELIVERY Electronic copies shall be delivered via e-mail attachment. The contractor shall label each electronic delivery with the task order number and project title in the subject line of the e-mail transmittal. D.3 PRESERVATION, PACKAGING, PACKING, AND MARKING Preservation, packaging, packing and marking of all deliverables must conform to normal commercial packing standards to assure safe delivery at destination. SECTION E. INSPECTION AND ACCEPTANCE 2452.246-70 Inspection and Acceptance (FEB 2006) Inspection and acceptance of all work required under this contract shall be performed by the Government Technical Representative (GTR) or other individual as designated by the Contracting Officer or GTR. Delivery instructions All deliverables shall be delivered to the GTR no later than the date specified in accordance with the accepted project plan. Deliverables are to be transmitted with a Contract Product Acceptance Form (See Attachment 4) describing the deliverable. Project deliverables will be delivered to: Ms. Sharon Bogans, Government Technical Representative (GTR) Office of the Chief Information Officer US Department of Housing and Urban Development 451 Seventh Street St. SW, Room 4150 Washington, DC 20410 Delivery Acceptance The GTR and the HUD HR IT project manager will meet on a monthly basis to review performance to inspect work for compliance with the contract. Reviews will normally be held at the Robert C. Weaver Federal Building ; however, the GTR at his/her discretion may request the review at the contractor's location or some other site within the Washington Metropolitan area. The Government will review all deliverables and provide written comments to the contractor project manager within two weeks. The contractor project manager shall respond positively to comments received and submit final versions of the deliverables within 3 business days after receipt of comments. In the event the Government rejects a deliverable as unacceptable, the contractor project manager shall rework the deliverable at no increase in the price of the contract. If the Government rejects services as defective, the contractor project manager shall take action necessary to correct deficiencies and bring the service into compliance with the acceptability standards of the contract. The contractor project manager shall not be entitled to payment for services rejected as noncompliant if it fails to correct the critical defects identified by the Government. SECTION F. DELIVERIES OR PERFORMANCE Criteria for Acceptance Formats: Monthly progress reports and other deliverables will be submitted in Microsoft Word 2007 format. The project plan and work breakdown structure (WBS) will be submitted and maintained in Microsoft Project format. Management presentations will be developed in Microsoft PowerPoint. Other deliverables shall use Microsoft Excel 2007, Word and/or PowerPoint as appropriate, unless the GTR authorizes other formats on a case-by-case basis. Delivery: All final reports and documents will be delivered via email (ready for duplication as needed) and, in hardcopy format and/or on Compact Disk (CD).. Delivery Schedule - Tasks & Deliverables The following table contains standard deliverables. DELIVERABLE SCHEDULE CLIN / TASK DELIVERABLES DUE DATE Initialize Avue Digital Services (ADS) Modules in support of HUD Staffing and Classification IAW Section C.4.1.through C.4.4 Initialize Modules: Avue Operating System (AOS) Recruitment, Retention, and Staffing (RRS) Avue Command Center (ACC) Recruitment, Retention, and Staffing Assessment (RRS-A) Within 65 days of contract award. Subscription Services and Extranet access IAW Sections C.4.1 through C.4.4 Subscription Service and Extranet Access: Avue Operating System (AOS) Recruitment, Retention, and Staffing (RRS) Avue Command Center (ACC) Recruitment, Retention, and Staffing Assessment (RRS-A) Ongoing Supplemental Services IAW Section C.4.5 TBD As Required by Government Travel Requirements IAW Section C.4.6 TBD As Required by Government <H4 style="MARGIN-LEFT: 0in; LINE-HEIGHT: normal; TEXT-AUTOSPACE: ideograph-numeric; mso-layout-grid-align: auto; punctuation-wrap: hanging; mso-vertical-align-alt: auto" mce_style="MARGIN-LEFT: 0in; LINE-HEIGHT: normal; TEXT-AUTOSPACE: ideograph-numeric; mso-layout-grid-align: auto; punctuation-wrap: hanging; mso-vertical-align-alt: auto"> Section G - Contract Administration Data <H4 style="MARGIN-LEFT: 0in; LINE-HEIGHT: normal; TEXT-AUTOSPACE: ideograph-numeric; mso-layout-grid-align: auto; punctuation-wrap: hanging; mso-vertical-align-alt: auto" mce_style="MARGIN-LEFT: 0in; LINE-HEIGHT: normal; TEXT-AUTOSPACE: ideograph-numeric; mso-layout-grid-align: auto; punctuation-wrap: hanging; mso-vertical-align-alt: auto"> <H4 style="MARGIN-LEFT: 0in; LINE-HEIGHT: normal; TEXT-AUTOSPACE: ideograph-numeric; mso-layout-grid-align: auto; punctuation-wrap: hanging; mso-vertical-align-alt: auto" mce_style="MARGIN-LEFT: 0in; LINE-HEIGHT: normal; TEXT-AUTOSPACE: ideograph-numeric; mso-layout-grid-align: auto; punctuation-wrap: hanging; mso-vertical-align-alt: auto"> REPORTING OR OTHER PROGRESS/COMPLIANCE REQUIREMENTS G1. Project Management The Contractor shall maintain the activities necessary to support the overall management of the Subscription Services for HUD. The Contractor shall perform the activities to accomplish the following tasks: G.1.1. Project Plans The Project plans shall include narrative that describes the project's scope, tasks, staffing, approach for the project's management, and risk management. Narratives shall also be included to define planned deliverables. The project plan shall include a schedule for initiating/completing development life-cycle elements. The schedule shall identify the completion date and the period of time needed to accomplish each step expressed in terms of calendar days. The Contractor shall identify the tasks and deliverables in a work breakdown structure (WBS) that is conveyed to HUD via MS Project. Plans shall be delivered to HUD in both hard and soft copy formats. The Project plans must be reviewed and approved by the GTM. No work should be performed without approval by the GTM. The Project plans are working documents that will require updating throughout the project life cycle. G.2 PERFORMANCE ASSESSMENT G.2.1 The GTR will assess the contractor's performance to ensure that the Government receives the services and deliverables contracted for. The GTR will accomplish the required assessment by: a. Communicating with the contractor project manager weekly, if not daily, via in-person, telephone or email; b. Investigating complaints for validity; c. Reviewing the weekly Progress Reports; and d. Comparing Contractor's progress to the Project Plan. G.3.2 Performance Standards and Performance Measurements The following standards will be used by the GTR to assess and gauge the contractor's performance. TABLE G.1.3 Performance Standards and Performance Measurements Performance Measure Required Outcome Performance Standard for Excellence Minimum Acceptable Levels Surveillance Method Timeliness All deliverables are submitted within established timeframes and conform to the standards as set forth in the contract. 100% submitted within established timeframes and conform to established standards. 100% submitted within established timeframes and conform to established standards. 100% Inspection Validated User Complaints, and review of milestones in the latest schedule in the HUD-approved Project Plan. Production / Operational Support The Contractor shall immediately respond and resolve problems or issues that occur due to errors in production, based upon notification of a production problem by the Contracting Officer or designated representative. 100% of all problems or issues referred to the Contractor by the Contracting Officer or designated representative shall be reviewed within 4 hours of notification of the problem. The Contractor shall provide a proposed solution to the production problems that are to be corrected by the Contractor within 1 business day. 95% of all problems or issues referred to the Contractor by the Contracting Officer or designated representative shall be reviewed within 4 hours of notification of the problem. The Contractor shall provide a solution to the production problems that are to be corrected by the Contractor within 1 business day. The Contracting Officer or designated representative will monitor problem reports and fixes (included in the weekly status Report) made by the Contractor to ensure notification and corrections are done in a timely and accurate manner. Verification will be through Random Sampling and follow-up of user complaints. Respond to User Inquiries and Provide User Support and Data Corrections User Inquiries and Help Desk referrals are reviewed and responses are given within 1 business day. 100% of inquiries are reviewed for action and comments returned to the Contracting Officer or designated representative within 1 business day. 95% of inquiries are reviewed for action and comments returned to the Contracting Officer or designated representative within 1 business day. Random Sampling of a number of user inquiries will be tracked by the Contracting Officer or designated representative. The number of Help Desk referrals will be reported in the Help Desk Status Report (included in the weekly status Report) and tracked by the Contracting Officer or designated representative. Usage of Project Administration Software a) Contractor delivers products that conform to the operational environment and specified user requirements. •b) Contractor delivers fully functional products within established time frames. •c) After review, Project Plans/software changes are updated and revised within 3 days of notification. a) 100% consistency of quality and timeliness of product deliverables is the measure. b) Use of software is compatible with hardware and software within existing HUD network environment. c) Delivery dates are met, or exceeded. a) 95% consistency of quality and timeliness of product deliverables is the measure. b) Use of software is compatible with hardware and software within existing HUD network environment. c) Delivery dates are met. a) Use of software, including verifying results to determine that all requirements and specifications are met. b) Operational monitoring. c) User feedback. d) 100% inspection (to confirm adherence to established standards and delivery dates). Reporting a) Contractor provides status reports in accordance with (IAW) the PWS. b) Contractor provides project monitoring reports IAW the PWS. a) All status reports are accurate, free of grammatical errors, and contain all required information. b) Delivery dates are met, or exceeded. a) All status reports are accurate, free of grammatical errors, and contain all required information. b) Delivery dates are met. 100% inspection (to confirm adherence to established standards and delivery dates). Section H - Special Contract Requirements SPECIAL CONSIDERATIONS H.1. PRIVACY AND SECURITY H.1. 1 Privacy Act Work on this project may require personnel to have access to Privacy Information and/or sensitive but unclassified information (pre-decision budget information). Personnel shall adhere to the Privacy Act, Title 5 of the U.S. code, Section 552a and applicable agency rules and regulations. Personnel may be required to execute non-disclosure agreements on a case-by-case basis, depending upon the need to access sensitive budget information. H.1. 2 Security and Controls HUD Handbook 2400.24 Rev. 1, ADP Security Program describes the Department's Data Processing Security Program. The policies outlined in the Handbook support the ADP security requirements found in the Model Framework for Management Control Over Automated Information Systems and the ADP Security Guidance from the Office of Management and Budget (OMB) within circulars A-123, A-127 and A-130. The policies contained in this notebook apply to all ADP systems operated by, or on behalf of HUD and include mainframes, minicomputers, microcomputers and network systems. The Contractor shall comply with HUD's ADP Security Program. SUPPLEMENTARY GUIDANCE H.1.3 HUD Policies and Guidance HUD System Development Methodology, including policy, procedures and checklists, are available on the HUD web site at: http://www.hud.gov/offices/cio/sdm/index.cfm. HUD has published Handbook 3250.01, Business Process Improvement (BPI) Handbook, which sets forth HUD's philosophy, policy, methodologies, and standards for conducting business process improvement. HUD information and guidance on business process improvement may be viewed via HUD's Client Information and Policy System (HUDCLIPS) at the following URL: http://www.hudclips.org/subscriber/cgi/legis.cgi. A hard copy of the Handbook may be ordered through HUD's Direct Distribution System (DDS) at the following URL: https://www.hud.gov/dds/index.cfm. H.2 Documents Incorporated By Reference This document references other documents that present and explain HUD's standards and guidelines governing work under the contract. Additionally, the documents listed in the table below also apply. The Contractor shall comply with those standards and guidelines. The Government may revise, update, rescind, or replace any of these documents at any time. The Contractor shall comply with the latest version of any applicable document referenced herein. Document No. / URL Title HUD Handbook 3250.01 Business Process Improvement Handbook www.hud.gov HUD Internet Website http://www.hud.gov/offices/cio/ea/newea/index.cfm HUD System Development Methodology PL 105-220, Title IV, 408(b) Section 508 of the Rehabilitation Act of 1998 http://www.hud.gov/offices/cio/ea/index.cfm HUD Enterprise Architecture http://www.feapmo.gov Federal Enterprise Architecture http://www.fedcirc.gov/library/legislation/FISMA.html FISMA H.3 Information Confidentiality (a) To the extent that the work under this contract requires that the contractor be given access to confidential or proprietary business, technical, financial information belonging to the government or other companies, including pre-decisional budget and acquisition sensitive information, the contractor shall, after receipt thereof, treat such information as confidential and agree not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized by the contracting officer in writing. The foregoing obligations, however, shall not apply to: (1) Information that, at the time of receipt by the contractor, is in the public domain; (2) Information, that is published after receipt thereof by the contractor or otherwise, becomes part of the public domain through no fault of the contractor; (3) Information that the contractor can demonstrate was in his possession at the time of receipt thereof and was not acquired directly or indirectly from the government or other companies; (4) Information that the contractor can demonstrate was received by it from a third party that did not require the contractor to hold it in confidence. (b) The contractor shall obtain the written agreement, in a form satisfactory to the contracting officer, of each employee permitted access, whereby the employee agrees that he will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the contractor's organization directly concerned with the performance of the contract. (c) The contractor agrees, if requested by the government, to sign an agreement identical, in all material respects, to the provisions of this clause, with each company supplying information to the contractor under this contract, and to supply a copy of such agreement to the contracting officer. From time to time upon request of the contracting officer, the contractor shall supply the government with reports itemizing information received as confidential, proprietary, pre-decisional budget information, or acquisition sensitive information, and setting forth the company or companies from which the contractor received such information. (d) The contractor agrees that upon request by the contracting officer it will execute a contracting officer approved agreement with any party whose facilities or proprietary data it is given access to or is furnished, restricting use and disclosure of the data or the information obtained from the facilities. Upon request by the contracting officer, contractor personnel shall also sign such an agreement. <H4 style="MARGIN-LEFT: 0.25in; TEXT-INDENT: -0.25in" mce_style="MARGIN-LEFT: 0.25in; TEXT-INDENT: -0.25in"> (e) The requirements of Section H.3 shall flow down to all subcontracts and teaming agreements. H.4 SECTION 508 REQUIREMENTS All electronic and information technology (EIT) procured through this Order must meet the applicable accessibility standards at 36 CFR 1194. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www/access-board.gov. The Contractor shall indicate for each line item in the schedule whether each product or service is compliant or non-compliant with the accessibility standards at 36 CFR 1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor's website or other exact locations). For contracts issued on or after June 25, 2001, Subsection 508(a)(30 of the Rehabilitation Act of 1973 requires that; when federal departments or agencies develop, procure, maintain or use Electronic and Information Technology (EIT) they must ensure that the EIT allows Federal employees with disabilities to have access to and use of information and that data is comparable to the access to and use of information and data by other Federal employees; and, that individuals with disabilities who are members of the public seeking information or services from a Federal Department or agency, have access to and use of information and data that is comparable to that provided to the public without disabilities. The contractor agrees to abide by this law and to ensure that all information created or used under this contract conforms to the above requirements. 1194.31, Functional Performance Criteria, and 1194-41, Information Documentation, and Support -- in order to comply with this Section of 508, the contractor shall submit all soft copies in a format that will be readable by JAWS (HUD's standard screen reader). All imbedded charts, graphs, pictures, etc., must be accessible and understandable through a screen reader. (See Section J., Attachment 1 for Access Board Standards) To view the entire text on 36 CFR Part 1194, go to www.section508.gov or www.access-board.gov and for 48 CFR Subpart 39.2 go to www.arnet.gov/far. All web sites and applications have to be compliant with Section 508. H.5 POSTAWARD CONFERENCE The contractor shall be required to attend a post-award conference. The conference will be held at: U.S. Department of Housing & Urban Development 451 7 th Street, SW Washington, DC 20410-3000 The Contracting Officer or designee will notify the contractor of the date and time of the conference. Section I - Contract Clauses FAR Clauses 52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This task order incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.arnet.gov In addition, this task order is governed by and incorporates all the clauses of the contractors GSA FSS contract. If there is a conflict between this task order and the contractors GSA FSS contract then the contractors GSA FSS contract will govern. Clause Title Date 52.204-9 Personal Identity Verification of Contractor Personnel Sept 2007 52.212-4 Contract terms and Conditions - Commercial Items Mar 2009 52.213-2 Invoices Apr 1984 52.217-8 Option to Extend Services Nov 1999 52.217-9 Option to Extend the Term of the Contract Mar 2000 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts Feb 2007 52.232-18 Availability of Funds Apr 1984 52.232-25 Prompt Payment Oct 2008 52.232-19 Availability of Funds for the Next Fiscal Year Apr 1984 52.237-3 Continuity of Services Jan 1991 52.239-1 Privacy or Security Safeguards Aug 1996 52.243-1 Changes - Fixed Price (Alternate 1 Apr 1984) Aug 1987 52.243-3 Changes - Time and Materials or Labor Hour Sept 2000 52.246-4 Inspection of Services - Fixed Price Aug 1996 52.246-6 Inspection -- Time-and-Material and Labor-Hour May 2001 52.212-1 -- Instructions to Offerors -- Commercial Items (Jun 2008) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 541519, Other Computer Related Services. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers must be submitted on the SF 33. As a minimum, offers must show -- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 33, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during pre-award testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. The time for receipt is 11:00 a.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted through an electroniccommerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978). (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites-- (i) ASSIST ( http://assist.daps.dla.mil ). (ii) Quick Search ( http://assist.daps.dla.mil/quicksearch/ ) (iii) ASSISTdocs.com ( http://assistdocs.com ). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard ); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of Provision) 52.212-2 -- Evaluation -- Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical Understanding, Experience and Approach Past Performance Key Personnel Price Technical Understanding, Experience and Approach and Past Performance, when combined, are significantly more important than Cost or Price. See Sections L and M for further information. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Feb 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). _X__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X__ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). _X__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). _X__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (7) [Reserved] ___ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). _X__ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). ___ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (16) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _X__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). _X__ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126). _X__ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X__ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). _X__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). ___ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (27) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (29) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X__ (30) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (31) (i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (33) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (37) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (38) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (39) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). _X__ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (42) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [ Contracting Officer check as appropriate.] _X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq. ). _X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq. ). _X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq. ). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq. ). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq. ). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq. ) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) HUD-Specific Clauses 2452.203-70 Prohibition against the Use of Federal Employees (FEB 2006) In accordance with Federal Acquisition Regulation 3.601, contracts are not to be awarded to government employees or a business concern or other organization owned or substantially owned or controlled by one or more government employees. For the purposes of this contract, this prohibition against the use of government employees includes any work performed by the contractor or any of its employees, subcontractors, or consultants. (End of clause) 2452.209-72 Organizational Conflicts of Interest (APR 1984) (a) The Contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a Government contract and a Contractor's organizational, financial, contractual or other interests are such that: (1) Award of the contract may result in an unfair competitive advantage; or (2) The Contractor's objectivity in performing the contract work is or might be otherwise may be impaired. (b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interest of the Government. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract for default. (d) The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest. (End of clause) 2452.211-70 Effective Date and Contract Period (FEB 2006) (a) This contract shall be effective on _______ [Contracting Officer insert date at award]. (b) The contractor shall complete all work including all deliveries by __________ [Contracting Officer insert date at award]. (c) Delivery dates for specific services and deliverables shall be as set forth in the Schedule. (End of clause) 2452.222-70 Accessibility of meetings, conferences, and seminars to persons with disabilities (FEB 2006) The contractor shall assure that any meeting, conference, or seminar held pursuant to the contract meets all applicable standards for accessibility to persons with disabilities pursuant to Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and any implementing regulations of the Department. The contractor shall be responsible for ascertaining the specific accessibility needs (e.g., sign language interpreters) for each meeting, conference, or seminar in light of the known or anticipated attendees. (End of clause) 2452.232-70, Payment Schedule and Invoice Submission for Fixed price Contracts (OCT 1999 ) (a). General. The Government shall pay the Contractor as full compensation for all work required, performed and accepted under this contract, inclusive of all costs and expenses, the firm fixed-price stated for this Contract. •(b) Payment Schedule. The Government will pay the contractor for each separately priced contract line item number (CLIN) upon completion and acceptance of all work required under the CLIN, in accordance with the pricing schedule set forth in Section B. •(c) Submission of Invoices. •(1) Invoices shall be submitted as follows: original to the payment office identified on the award document and one copy each to the Government Technical Representative and Contracting Officer. To constitute a proper invoice, the invoice must include all items required by FAR clause 52.232-25, "Prompt Payment." •(2) The contractor shall include the Invoice Summary Sheet (see Attachment) with each invoice. The contractor shall provide all requested information. Failure to provide the information may result in the invoice being returned to the contractor unpaid. (d) Contractor Remittance Information. The contractor shall provide the payment office with all information required by FAR clause 52.232-33, "Mandatory Information for Electronic Funds Transfer Payment," 52.232.34, "Optional Information for Electronic Funds Transfer Payment," or other supplemental information (contracts for commercial services) as applicable. (End of Clause) 2452.237-70 Key Personnel (FEB 2006) (a) Definition. "Personnel" mean employees of the contractor, or any subcontractor(s), affiliates, joint venture partners, or team members, and consultants engaged by any of those entities. (b) The personnel specified below are considered to be essential to the work being performed under this contract. Prior to diverting any of the specified individuals to other projects, the contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the contractor without the written consent of the Contracting Officer. Key personnel shall perform as follows: [ List Key Personnel and/or positions, and tasks, percentage of effort, number of hours, etc., for which they are responsible, as applicable.] Key personnel titles are (contractor to insert name): Project Manager: (End of clause) 2452.237 75 Access to HUD Facilities (NOV 2005) (Deviation) (a) Definitions. As used in this clause - "Access" means physical entry into, and to the extent authorized, mobility within, a Government facility. "Contractor employee" means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the contractor is associated. It also includes consultants engaged by any of those entities. "Facility" and "Government facility" mean buildings, including areas within buildings, owned, leased, shared, occupied, or otherwise controlled by the Federal Government. "NACI" means National Agency Check with Written Inquiries, the minimum background investigation prescribed by the U. S. Office of Personnel Management. "PIV Card" means Personal Identity Verification (PIV) Card, the Federal Government-issued identification credential (identification badge). (b) General. The performance of this contract requires contractor employees to have access to HUD facilities. All such employees who do not already possess a current PIV Card acceptable to HUD 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, and obtain a PIV Card prior to being permitted access to any such facility in performance of this contract. HUD may accept a PIV Card issued by another Federal Government agency but shall not be required to do so. No contractor employee will be permitted access to a HUD facility without a proper PIV Card. (c) Background information. (1) For each contractor employee subject to the requirements of this clause and not in possession of a current PIV Card acceptable to HUD, the contractor shall submit the following properly-completed forms: Standard Form (SF) 85, "Questionnaire for Non-sensitive Positions," FD 258 (Fingerprint Chart), and a partial Optional Form (OF) 306 (Items 1, 2, 6, 8-13, 16, and 17). The SF-85 and OF-306 are available from the Office of Personnel Management's (OPM) website: http://www.opm.gov. The GTR will provide all other forms that are not obtainable via the Internet. (2) The contractor shall deliver the forms and information required in subparagraph (c)(1) to the GTR. (3) The information provided in accordance with paragraph (c)(1) will be used to perform a background investigation to determine the suitability of the contractor employees to have access to Government facilities. After completion of the investigation, the GTR will notify the contractor in writing if any contractor employee is determined to be unsuitable to be given access to a Government facility. The contractor shall immediately remove such employees from work on this contract that requires the employees' physical presence in a Government facility. (4) Affected contractor employees who have had a Federal background investigation without a subsequent break in Federal employment or Federal contract service exceeding two (2) years may be exempt from the investigation requirements of this clause subject to verification of the previous investigation. For each such employee, the contractor shall submit the following information in lieu of the forms and information listed in subparagraph (c)(1): employee's full name, Social Security Number, and place and date of birth. (d) PIV Cards. (1) HUD will issue a PIV Card to each contractor employee who is to be given access to HUD facilities and does not already possess a PIV Card acceptable to HUD (see paragraph (b)). HUD will not issue the PIV Card until the contractor employee has successfully cleared the FBI National Criminal History Fingerprint Check, and HUD has initiated the background investigation for the contractor employee. Initiation is defined to mean all background information required in paragraph (c)(1) has been delivered to HUD. The employee may not be given access prior to those two events. HUD may issue a PIV Card and grant access pending the completion of the background investigation. HUD will revoke the PIV Card and the employee's access if the background investigation process (including adjudication of investigation results) for the employee has not been completed within six (6) months after the issuance of the PIV Card. (2) 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 HUD facility, and shall present cards for inspection upon request by HUD officials or HUD security personnel. (3) The contractor shall be responsible for all PIV Cards issued to the contractor's employees and shall immediately notify the GTR if any PIV Card(s) cannot be accounted for. The contractor shall notify the GTR immediately whenever any contractor employee no longer has a need for his/her HUD-issued PIV Card (e.g., employee terminates employment with the contractor, employee's duties no longer require access to HUD facilities). The GTR will instruct the contractor as to how to return the PIV Card. Upon expiration of this contract, the GTR will instruct the contractor as to how to return all HUD-issued PIV Cards not previously returned. The contractor shall not return PIV Cards to any person other than the individual(s) named by the GTR. (e) Control of access. HUD shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to HUD facilities. The GTR will notify the contractor immediately when HUD has determined that an employee is unsuitable or unfit to be permitted access to a HUD facility. The contractor shall immediately notify such employee that he/she no longer has access to any HUD facility, remove the employee from any such facility that he/she may be in, and provide a suitable replacement in accordance with the requirements of this clause. (f) Access to HUD information systems. If this contract requires contractor employees to have access to HUD information system(s), application(s), or information contained in such systems, the contractor shall comply with all requirements of HUDAR clause 2452.239-70, Access to HUD Systems, including providing for each affected employee any additional background investigation forms prescribed in that clause. (g) Subcontracts. The contractor shall incorporate this clause in all subcontracts where the requirements specified in paragraph (b) of this section are applicable to performance of the subcontract. (End of clause) 2452.237-77 Observance of Legal Holidays and Closure of HUD Facilities (FEB 2006) (a)(1) The Department of Housing and Urban Development observes the following days as holidays-- New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order or Presidential Proclamation. (2) When any holiday specified in (a)(1) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed. Observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract. (b)(1) HUD may close a HUD facility for all or a portion of a business day as a result of- (A) Granting administrative leave to non-essential HUD employees (e.g., unanticipated holiday); (B) Inclement weather; (C) Failure of Congress to appropriate operational funds; (D) Or any other reason. (2) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility. (3) The contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which HUD employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative. (c) When contractor personnel services are not required or provided due to closure of a HUD facility as described in this clause, the contractor shall be compensated as follows-- (1) For fixed price contracts, deductions in the contractor's price will be computed as follows-- (A) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month. (B) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the Contracting Officer to ensure that the contractor is compensated for services provided. (2) For cost-reimbursement, time-and-materials and labor-hour type contracts, HUD shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility. (End of clause) 2452.239 70 Access to HUD Systems (NOV 2005) (Deviation) (a) Definitions: As used in this clause - "Access" means the ability to obtain, view, read, modify, delete, and/or otherwise make use of information resources. "Application" means the use of information resources (information and information technology) to satisfy a specific set of user requirements (see OMB Circular A-130). "Contractor employee" means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the contractor is associated. It also includes consultants engaged by any of those entities. "Mission critical system" means an information technology or telecommunications system used or operated by HUD or by a HUD contractor, or organization on behalf of HUD, that processes any information, the loss, misuse, disclosure, or unauthorized access to, or modification of, would have a debilitating impact on the mission of the agency. "NACI" means National Agency Check with Written Inquiries, the minimum background investigation prescribed by the U. S. Office of Personnel Management. "PIV Card" means Personal Identity Verification (PIV) Card, the Federal Government-issued identification credential (i.e., identification badge). "Sensitive information" means any information, the loss, misuse, or unauthorized access to or modification of which could adversely affect the national interest or the conduct of federal programs or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. "System" means an interconnected set of information resources under the same direct management control, which shares common functionality. A system normally includes hardware, software, information, data, applications, communications, and people (see OMB Circular A-130). System includes any system owned by HUD or owned and operated on HUD's behalf by another party. (b) General. (1) The performance of this contract requires contractor employees to have access to a HUD system or systems. All such employees who do not already possess a current PIV Card acceptable to HUD 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, and obtain a PIV Card prior to being permitted access to any such system in performance of this contract. HUD may accept a PIV Card issued by another Federal Government agency but shall not be required to do so. No contractor employee will be permitted access to any HUD system without a PIV Card. (2) All contractor employees who require access to mission-critical systems or sensitive information contained within a HUD system or application(s) are required to have a more extensive background investigation. The investigation shall be commensurate with the risk and security controls involved in managing, using, or operating the system or applications(s). (c) Citizenship-related requirements. Each affected contractor employee as described in paragraph (b) shall be: (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. (d) Background investigation process: (1) The Government Technical Representative (GTR) shall notify the contractor of those contractor employee positions requiring background investigations. (i) For each contractor employee requiring access to HUD information systems, the contractor shall submit the following properly-completed forms: Standard Form (SF) 85, "Questionnaire for Non-sensitive Positions," FD 258 (Fingerprint Chart), and a partial Optional Form (OF) 306 (Items 1, 2, 6, 8-13, 16, and 17). (ii) For each contractor employee requiring access to mission-critical systems and/or sensitive information contained within a HUD system and/or application(s), the contractor shall submit the following properly-completed forms: SF 85P, "Questionnaire for Public Trust Positions," FD 258, and a Fair Credit Reporting Act form (authorization for the credit-check portion of the investigation). Contractor employees shall not complete the Medical Release behind the SF 85P. (iii) The SF85, 85P, and OF 306 are available from the Office of Personnel Management's website: http://www.opm.gov. The GTR will provide all other forms that are not obtainable via the Internet. (2) The contractor shall deliver the forms and information required in subparagraph (d)(1) to the GTR. (3) Affected contractor employees who have had a Federal background investigation without a subsequent break in Federal employment or Federal contract service exceeding two (2) years may be exempt from the investigation requirements of this clause subject to verification of the previous investigation. For each such employee, the contractor shall submit the following information in lieu of the forms and information listed in subparagraph (d)(1): employee's full name, Social Security number, and place, and date of birth. (4) The investigation process shall consist of a range of personal background inquiries and contacts (written and personal) and verification of the information provided on the investigative forms described in subparagraph (d)(1). (5) Upon completion of the investigation process, the GTR will notify the contractor if any contractor employee is determined to be unsuitable to have access to the system(s), application(s), or information. Such an employee may not be given access to those resources. If any such employee has already been given access pending the results of the background investigation, the contractor shall ensure that the employee's access is revoked immediately upon receipt of the GTR's notification. (6) Failure of the GTR to notify the contractor (see subparagraph (d)(1)) of any employee who should be subject to the requirements of this clause and is known, or should reasonably be known, by the contractor to be subject to the requirements of this clause, shall not excuse the contractor from making such employee(s) known to the GTR. Any such employee who is identified and is working under the contract without having had the appropriate background investigation or furnished the required forms for the investigation, shall cease to perform such work immediately and shall not be given access to the system(s)/application(s) described in paragraph (b) until the contractor has provided the investigative forms required in subparagraph (d)(1) for the employee to the GTR (7) The contractor shall notify the GTR in writing whenever a contractor employee for whom a background investigation package was required and submitted to HUD, or for whom a background investigation was completed, terminates employment with the contractor or otherwise is no longer performing work under this contract that requires access to the system(s), application(s), or information. The contractor shall provide a copy of the written notice to the Contracting Officer. (e) PIV Cards. (1) HUD will issue a PIV Card to each contractor employee who is to be given access to HUD systems and does not already possess a PIV Card acceptable to HUD (see paragraph (b)). HUD will not issue the PIV Card until the contractor employee has successfully cleared an FBI National Criminal History Fingerprint Check, and HUD has initiated the background investigation for the contractor employee. Initiation is defined to mean all background information required in paragraph (d)(1) has been delivered to HUD. The employee may not be given access prior to those two events. HUD may issue a PIV Card and grant access pending the completion of the background investigation. HUD will revoke the PIV Card and the employee's access if the background investigation process (including adjudication of investigation results) for the employee has not been completed within six (6) months after the issuance of the PIV Card. (2) 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 HUD facility, and shall present cards for inspection upon request by HUD officials or HUD security personnel. (3) The contractor shall be responsible for all PIV Cards issued to the contractor's employees and shall immediately notify the GTR if any PIV Card(s) cannot be accounted for. The contractor shall notify the GTR immediately whenever any contractor employee no longer has a need for his/her HUD-issued PIV Card (e.g., employee terminates employment with the contractor, employee's duties no longer require access to HUD systems). The GTR will instruct the contractor as to how to return the PIV Card. Upon expiration of this contract, the GTR will instruct the contractor as to how to return all HUD-issued PIV Cards not previously returned. The contractor shall not return PIV Cards to any person other than the individual(s) named by the GTR. (f) Control of access. HUD shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to HUD systems. The GTR will notify the contractor immediately when HUD has determined that an employee is unsuitable or unfit to be permitted access to a HUD system. The contractor shall immediately notify such employee that he/she no longer has access to any HUD system, physically retrieve the employee's PIV Card from the employee, and provide a suitable replacement employee in accordance with the requirements of this clause. (g) Incident response notification. An incident is defined as an event, either accidental or deliberate, that results in unauthorized access, loss, disclosure, modification, or destruction of information technology systems, applications or data. The contractor shall immediately notify the GTR and the Contracting Officer of any known or suspected incident, or any unauthorized disclosure of the information contained in the system(s) to which the contractor has access. (h) Nondisclosure of information. (1) Neither the contractor nor any of its employees shall divulge or release data or information developed or obtained during performance of this contract, except to authorized government personnel with an established need to know or upon written approval of the Contracting Officer. Information contained in all source documents and other media provided by HUD is the sole property of HUD. (2) The contractor shall require that all employees who may have access to the system(s)/applications(s) identified in paragraph (b) sign a pledge of nondisclosure of information. The employees shall sign these pledges before they are permitted to perform work under this contract. The contractor shall maintain the signed pledges for a period of three years (3) after final payment under this contract. The contractor shall provide a copy of these pledges to the GTR. (i) Security procedures. (1) The Contractor shall comply with applicable Federal and HUD statutes, regulations, policies and procedures governing the security of the system(s) to which the contractor's employees have access including, but not limited to: (i) Federal Information Security Management Act (FISMA) of 2002; (ii) OMB Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources; (iii) HUD Handbook 2400.25, Information Security Policy; (iv) HUD Handbook 732.3, Personnel Security/Suitability; (v) Federal Information Processing Standards 201 (FIPS 201), Sections 2.1 and 2.2; (vi) Homeland Security Presidential Directive 12 (HSPD-12); and (vii) OMB Memorandum M-05-24, Implementing Guidance for HSPD-12. The HUD Handbooks are available online at: http://www.hudclips.org/cgi/index.cgi or from the GTR. (2) The contractor shall develop and maintain a compliance matrix that lists each requirement set forth in paragraphs, (b), (c), (d), (e), (f), (g), (h), (i)(1) and (m) of this clause with specific actions taken, and/or procedures implemented, to satisfy each requirement. The contractor shall identify an accountable person for each requirement, the date actions/procedures were initiated/completed, and certify that information contained in this compliance matrix is correct. The contractor shall ensure that information in this compliance matrix is complete, accurate, and up-to-date at all times for the duration of this contract. Upon request, the contractor shall provide copies of the current matrix to HUD. (3) The Contractor shall ensure that its employees, in performance of the contract, receive annual training (or once if the contract is for less than one year) in HUD information technology security policies, procedures, computer ethics, and best practices in accordance with HUD Handbook 2400.25. (j) Access to contractor's systems. The Contractor shall afford HUD, including the Office of Inspector General, access to the Contractor's facilities, installations, operations, documentation (including the compliance matrix required under paragraph (i)(2)), databases and personnel used in performance of the contract. Access shall be provided to the extent required to carry out, but not limited to, any information security program activities, investigation and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of HUD data and systems, or to the function of information systems operated on behalf of HUD, and to preserve evidence of computer crime. (k) Contractor compliance with this clause. Failure on the part of the contractor to comply with the terms of this clause may result in termination of this contract for default. (l) Physical access to Federal Government facilities. The contractor and any subcontractor(s) shall also comply with the requirements of HUDAR clause 2452.237 75 when the contractor's or subcontractor's employees will perform any work under this contract on site in a HUD or other Federal Government facility. (m) Subcontracts. The contractor shall incorporate this clause in all subcontracts where the requirements specified in paragraph (b) of this section are applicable to performance of the subcontract. (End of clause) 2452.239-71 Information Technology Virus Security (FEB 2006) (a) The contractor hereby agrees to make every reasonable effort to deliver information technology products to HUD free of known computer viruses. The contractor shall be responsible for examining all such products prior to their delivery to HUD using software tools and processes capable of detecting all known viruses. (b) The contractor shall include the following statement on deliveries of hardware, software, and data products, including diskettes, made under this contract: [ product description, part/catalog number, other identifier, and serial number, if any ] This product has been scanned for known viruses using [name of virus-screening product, including version number, if any] and is certified to be free of known viruses at the time of delivery." (c) The Contracting Officer may assess monetary damages against the contractor sufficient to compensate HUD for actual or estimated costs resulting from computer virus damage or malicious destruction of computer information arising from the contractor's failure to take adequate precautions to preclude delivery of virus-containing products in the delivery of hardware, software, or data on diskettes under this contract. (d) This clause shall not limit the rights of the government under any other clause of this contract. (End of clause) CERTIFICATION REGARDING COMMON SECURITY CONFIGURATIONS FOR WINDOWS XP AND VISTA OPERATING SYSTEMS (JUNE 2007) (a) By signing this contract, the Contractor certifies that the information technology applications it provides under this contract are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC). This includes Internet Explorer 7 or higher configured to operate on Windows XP and Vista (in Protected Mode on Vista). For the Windows XP settings, see: http://csrc.nist.gov/itsec/guidance_WinXP.html, and for the Windows Vista settings, see: http://csrc.nist.gov/itsec/guidance_vista.html. (b) The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved FDCC configuration. The information technology shall use the Windows Installer Service, if available, for installation to the default "program files" directory and be able to silently install and uninstall. (c) Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. (d) The Department of Housing and Urban Development (HUD) reserves the right to validate, in any manner, compliance of any information technology application provided under this contract with the requirements of this clause. (e) The Contractor shall include this clause, including this paragraph (e), in all subcontracts under this contract that require delivery of information technology applications. "End of Clause" PRESERVATION OF, AND ACCESS TO, CONTRACT RECORDS (a) For the purposes of this clause-- " Contract records " means information created or maintained by the contractor in the performance of the contract. Contract records include documents required to be retained in accordance with FAR 4.703 and other information generated or maintained by the contractor that is pertinent to the contract and its performance including, but not limited to: email and attachments; formal and informal correspondence; calendars; notes; reports; memoranda; spreadsheets; tables; telephone logs; forms; surveys; books; papers; photographs; drawings; machine-readable materials; and data. Contract records may be maintained as electronically stored information or as tangible materials. Contract records may exist in either final or any interim version (e.g., drafts that have been circulated for official purposes and contain unique information, such as notes, edits, comments, or highlighting). Contract records may be located or stored on the contractor's premises or at off-site locations. " Electronically stored information (ESI) " means any contract records that are stored on, or generated by, an electronic device, or contained in electronically accessible media, either owned by the contractor, subcontractor(s), or employees of the contractor or subcontractor(s) regardless of the physical location of the device or media (e.g., offsite servers or data storage). " ESI devices and media " include, but shall not be limited to: (1) Computers (mainframe, desktop, and laptop); (2) Network servers, including shared and personal drives; (3) Individual e-mail accounts of the contractor's and any subcontractors' principals, officers, and employees including all folders contained in each email account such as "Inbox," "Outbox," "Drafts," "Sent," "Trash," "Archive," and any other folders; (4) Personal data assistants (PDAs); (5) External data storage devices including portable devices (e.g., flash drive); and (6) Data storage media (magnetic, e.g., tape; optical, e.g., compact disk; microfilm; etc.). " Tangible materials " means contract records that exist in a physical (i.e., non-electronic) state. (b) If during the period of performance of this contract, HUD becomes or anticipates becoming a party to any litigation concerning matters related to records maintained or generated by the contractor in the performance of this contract, the contracting officer may provide the contractor with a written (either hardcopy or email) preservation hold and certification of compliance with preservation hold. Upon receipt of the hold, the contractor shall immediately take the following actions: (1) Discontinue any alteration, overwriting, deletion, or destruction of all tangible materials and ESI; (2) Preserve tangible materials and ESI. The contractor shall preserve ESI in its "native" form to preserve metadata (i.e., creation and modification history of a document); (3) Identify all individuals who possess or may possess, tangible materials and ESI related to this matter, including contractor employees, subcontractors, and subcontractor employees. The contractor shall provide the names of all such individuals via email to the HUD official indicated in the notice; (4) Document in writing the contractor's efforts to preserve tangible materials ESI. It may be useful to maintain a log documenting preservation efforts; (5) Complete the certification of compliance with litigation hold upon receipt and return it to the identified contact person; and (6) Upon the request of the contracting officer, provide to the contracting officer or other HUD official designated by the contracting officer with any of the information described in this clause. The contractor shall immediately confirm receipt of such request. The contractor shall describe in detail any records that the contractor knows or believes to be unavailable and provide a detailed explanation of why they are unavailable, and if known, their location. (c)(1) If any request for records pursuant to paragraph (b)(6) of this clause causes an increase in the estimated cost or price, or the time required for performance of any part of the work under this contract, or otherwise affects any other terms and conditions of this contract, the contracting officer shall make an equitable adjustment in any one or more of the following and will modify the contract accordingly: (i) Contract price. (ii) Delivery schedule. (ii) Other affected terms. (c)(2) The following Alternate II shall apply to CLIN #s: 001AI, 002AI, 003AI, 004AI and 005AI. If any request for records pursuant to paragraph (b)(6) of this clause causes an increase or decrease in any hourly rate, the ceiling price, or the time required for performance of any part of the work under this contract, whether or not changed by the request, or otherwise affects any other terms and conditions of this contract, the contracting officer will make an equitable adjustment in any one or more of the following and will modify the contract accordingly: (i) Ceiling price. (ii) Hourly rates. (iii) Delivery schedule. (iv) Other affected terms. (2) The contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the contracting officer's request made pursuant to paragraph(b)(6) of this clause. However, if the contracting officer decides that the facts justify it, the contracting officer may receive and act upon a request submitted before final payment of the contract. (3) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the contractor from providing the records requested by the contracting officer. (d) The contractor shall include the terms of this clause in all subcontracts awarded under this contract. (End of clause) Section J - List of Attachments Attachment One - Glossary Attachment Two - Invoice Summary Sheet Attachment Three - Past Performance Information Attachment Four - Contract Product Acceptance Form Attachment One - Glossary The following acronyms may be used: ACRONYM Definition BMP Business Modernization Plan BRM Business Reference Model CCMB Configuration Change Management Board CFO Office of the Chief Financial Officer of HUD CIO Office of the Chief Information Officer of HUD CISO Chief Information Security Officer CO Contracting Officer CLIN Contract Line Item Number CM Configuration Management COB Close of Business COTS Commercial Off-the-Shelf DAS Deputy Assistant Secretary, executive level, HUD DCB Data Control Board DMMA Data Management Maturity Assessment DQIP Data Quality Improvement Program DRM Data Reference Model EA Enterprise Architecture EST Eastern Standard Time (U.S.) FEA Federal Enterprise Architecture FFATA Federal Funding Accountability Transparency Act FTF Federal Transition Framework GFI Government Furnished Item GFE Government Furnished Equipment GTM Government Technical Monitor GTR Government Technical Representative HUD U.S. Department of Housing and Urban Development IPT Integrated Project Team OMB Office of Management and Budget PWP Performance Work Plan PWS Performance Work Statement QCP Quality Control Plan SOA Service Oriented Architecture TO Contract Attachment Two - Invoice Summary Sheet INVOICE SUMMARY SHEET 1. Contractor Name: 4. Invoice Number: 2. Contract Number: 5. Invoice Date ( mm/dd/yyyy ): 3. Contract Number: 6. Period Covered by Invoice ( e.g., month ): 7. Prompt Payment Discount Offered? ( check one ) [ ] Yes: _______ [ ] No; ( see FAR clause 52.232-8 in contract ) 8. Government Technical Representative Name: 9. Insert information for each CLIN/SubCLIN for which payment is being requested as shown in example row. Prices must correspond to pricing schedule in contract. TO BE COMPLETED BY HUD GTR CLIN/ SubCLIN Description/Title Funding Identifier Price Recommend Payment ( signature ) HUD Reference Obligation ( TC/ number & line ) $ $ $ $ $ $ Total from Continuation pages $ Total Amount Invoiced $ HUD GTR TO COMPLETE THE FOLLOWING. 10. Date Invoice Received (log date) ( mm/dd/yyyy ): Attachment Three - Past Performance Information Department of Housing and Urban Development CONTRACTOR PERFORMANCE INFORMATION Contractor Name and Address (Identify Division) 1. Contract Number: 2. Type of Contract: 3. Contract Value (Current plus any unexercised options): (Please correct the above as needed.) 4. Period of Performance (including any option periods): 5. Description of Requirement: 6. Ratings. Summarize contractor performance and circle or type in the number below that corresponds to the performance rating for each category. Please see the attachment, which explains the rating scale. Quality: 0 1 2 3 4 Comments: Cost Control: 0 1 2 3 4 Comments: Timeliness: 0 1 2 3 4 Comments: Business Relations: 0 1 2 3 4 Comments: Total score: Evaluated by: Agency/Organization ___________________ Date (In accordance with the Federal Acquisition Streamlining Act, the following information will not be released to the Contractor.) Name and Title: ________________________________Telephone number:________________ Signature:_________________________ E-mail address:_______________________ Please return this form to the following address: Housing and Urban Development, HQ 451 7 th Street, SW Washington, DC 20410 Attn: Dorsey H. Delavigne, Jr/ Via e-mail to: Dorsey.delavigne@hud.gov 202.402.3776 SOURCE SELECTION INFORMATION-SEE FAR 3.104 Information entered on this form will be used in source selection decisions and is protected under subsection 3.104 of the Federal Acquisition Regulation. Do not disclose information entered on this form to the contractor or to any other person except as authorized by the Department of Housing and Urban Development contracting officer. Attachment Four Office of the Chief Information Officer CONTRACTOR PRODUCT ACCEPTANCE •1. CONTRACTOR'S NAME AND ADDRESS: •2. CONTRACTOR'S PROJECT MANAGER: •3. CIO DIVISION/BRANCH: •4. GOVERNMENT TECHNICAL REPRESENTATIVE (GTR): •5. GOVERNMENT TECHNICAL MONITOR (GTM): •6. CONTRACT NUMBER: •7. CONTRACT DATE: •8. TASK SPECIFICATION/ORDER NUMBER: •9. SUB-TASK SPEC./WORK REQUEST NUMBER: •10. TASK BEGINNING DATE: 11.TASK COMPLETION DATE: THE RESULTS OF THIS EVALUATION IS/ARE AS FOLLOWS: 12. PRODUCT(s) 13. STATUS 14. TYPE OF EVALUATION 15. EVALUATION ACTION 16. DATE SCHEDULED 17. DATE RECEIVED STATUS TYPE EVALUATION EVALUATION ACTION Ivn Initial Version n R Review A Approved Inn Intermediate Version n T Test AC Approved with Changes (Reevaluation not required) Fn Final Version E Evaluation R Rejected (Reevaluation required) I Inspection AP Approved provisionally until a more detailed analysis can be made ACR Approved with Changes (Reevaluation is Required) 18. PRODUCT(s) 19. COMMENT(s) REASON(s) FOR REJECTION •20. CONTRACTING OFFICER YES 21. RECEIVED BY: DATE: ____ / _____ / 20__ SPECIFICALLY INFORMED: NO Comp/Spec/Analys is GTM Other GTR Rating Guidelines Quality of Product or Service 0 - Unsatisfactory Nonconformance jeopardizes the achievement of contract goals; default. 1 - Poor Nonconformance requires major agency intervention to ensure achievement of contract goals; show cause or cure notices. 2 - Fair Quality meets specifications in most cases, however, some agency intervention required to ensure achievement of contract requirements. 3 - Good Quality meets specifications in all cases. 4 - Excellent Quality exceeds specifications in some cases. Cost Control 0 - Unsatisfactory Cost increases jeopardize achievement of contract goals; or billings routinely include unallowable costs. 1 - Poor Significant cost increases; or some inaccurate billings including some with unallowable costs. 2 - Fair Minor cost increases; or some inaccurate billings, but a minimal (1-2) number with unallowable costs. 3 - Good Contractor performed within costs; but some late billings, none with unallowable costs. 4 - Excellent Costs were less than the amount cited in the contract; and billings accurate and timely. Timeliness of Performance 0 - Unsatisfactory Delays jeopardize the achievement of contract goals. 1 - Poor Other significant delays. 2 - Fair Minor delays. 3 - Good All deliverables on time. 4 - Excellent All deliverables on time with some ahead of schedule; or stays on schedule despite unforeseen circumstances. Business Relations 0 - Unsatisfactory Unethical or illegal business practices. 1 - Poor Business practices are not attuned to customer support. 2 - Fair Business practices are somewhat attuned to customer support. 3 - Good Business practices focus on customer support. Section K - Representations, Certifications and Other Statements of Offerors 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Aug 2009) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision-- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov.After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in 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 paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. 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. 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 ORCA.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it [_] is, a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it [_] is, [_] is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of Employees Average Annual Gross Revenues 50 or fewer $1 million or less 51-100 $1,000,001-$2 million 101-250 $2,000,001-$3.5 million 251-500 $3,500,001-$5 million 501-750 $5,000,001-$10 million 751-1,000 $10,000,001-$17 million Over 1,000 Over $17 million (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [ The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________. ] (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It [_] is, [_] not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [ The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture : __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act - Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and 'United States' are defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [ List as necessary ] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [ List as necessary ] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ''Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [ List as necessary ] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [ List as necessary ] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.] (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (End of Provision) Section L - Instructions, Conditions and Notices to Offerors A. INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS •1. NUMBER OF AWARDS It is anticipated that one (1) award will be made from this solicitation. •2. DATE OF AWARD It is anticipated that award will be made on or before May 27, 2010. 3. PERIOD OF PERFORMANCE It is anticipated that the award from this solicitation will be for a period of sixty months (base period of twelve months and four one-year option periods) as follows: Base Year - May 27, 2010 through May 26, 2011 Option Year One - May 27, 2011 through May 26, 2012 Option Year Two - May 27, 2012 through May 26, 2013 Option Year Three - May 27, 2013 through May 26, 2014 Option Year Four - May 27, 2014 through May 26, 2015 4. COMMITMENT OF PUBLIC FUNDS The CO is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition. Any other commitment, either explicit or implied, is invalid. 5. COMMUNICATIONS PRIOR TO AWARD Offerors shall direct all communications to: Attention: Dorsey H. Delavigne, Jr. (Contractor) U. S. Department of Housing & Urban Development Office of the Chief Information Officer (OCPO) IT & Financial Support Division 451 Seventh Street, SW, Room 5286 Washington, DC 20410-3000 E-Mail: dorsey.delavigne@hud.gov - ddelavignejr@gmail.gov Work: 202.402.3776 Cell: 703.216.3825 Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of the requirement. •6. PREPARATION COSTS This RFP does not commit the Government to pay for the preparation and submission of a quotation. 7. RESERVED •8. INSTRUCTIONS FOR PREPARING THE TECHNICAL, PAST PERFORMANCE AND PRICE PORTIONS OF THE QUOTATION Your quotation must be organized as specified in the section below and submitted as described below no later than 11:00 am, local time April 19, 2010 to: dorsey.delavigne@hud.gov. Late submissions will not be considered. If you are hand delivering your proposal, please call Mr. Delavigne one day in advance to make arrangements for pick up. See Section I Clause 52.212-1 for further details Page Limitation Instructions Quote Files: •a. Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents must be created using the Table of Contents feature in MS Word 2007. MS Word 2007 (.doc) files shall use the following page setup parameters: Margins - Top, Bottom, Left, Right - 1" Gutter - 0" From Edge - Header, Footer - 0.5" Page Size, Width - 8.5" Page Size, Height - 11" The following additional restrictions apply: Each paragraph shall be separated by at least one blank line. A standard, 11-point minimum font size applies. Times New Roman font is required. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape. b. Quote page limits are as follows: Technical and Past Performance Quote- 25 pages maximum Price Quote- no page limit In its price quote the vendor shall, for Labor Hour CLIN AI, for each year, provide the following information: Labor Category Rate Per Hour Proposal Rate per Hour $ $ $ $ $ $ $ $ $ $ Five labor category lines are provided for the vendor for the Labor Hour CLIN. The vendor may increase or decrease, at its discretion, the number of labor categories it decides necessary to perform the work for these CLINs. Vendors must provide a completely filled out Avue Master Subscription Agreement (MSA) with their proposal. The MSA will be evaluated to determine its suitability to HUD's needs. Pages that exceed the page limits above will be deleted and will not be evaluated. Page numbers, headers and footers may be within the page margins ONLY, and are not bound by the font requirements. Company logos are prohibited with the exception of the Title Page. Pages that exceed the margin, font or total page limit will not be evaluated. Pages deleted due to violation of the margin or font restrictions will not count against the page limitation. Page count will NOT be based upon the numbers of pages printed but rather dictated by the number of pages in a print layout view in the application based upon the above-prescribed document settings. Counting pages in the order they appear for viewing will make up the page count. The page limits are applicable to graphs, tables, drawings and any other attachments submitted with the quotes and not specifically excluded by the solicitation. Any index, table of contents, glossary or integrated master schedule will not be included in the maximum page limitation. The electronic quote shall consist of separate files as set forth below. Microsoft Office XP software shall be used to create the required ".XLS", ".PPT" and ".DOC" files. Adobe Acrobat Version 9.0 or less shall be used to create ".PDF" files. Usually specify the File names. c. Files to be submitted electronically to: dorsey.delavigne@hud.gov FILE TITLE COPIES REQUIRED File I TECHNICAL/PAST PERFORMANCE one File II PRICE one File III MSA one In addition, provide four hard copies (one original signed paper quote and three paper copies) each of your technical and price proposal. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Each file of the quote shall consist of a Table of Contents, Summary Section and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked. Facsimile quotes will not be accepted. 9. CONTRACTOR PERFORMANCE SYSTEM The Contractor shall register for the Contractor Performance (CPS), which is used to evaluate the Contactor's performance under this Contract. Contractors who currently are registered in CPS need not to re-register. The following is the website for registration for Contractors: http://ocm.od.nih.gov/cdmp/cps _Contractor.htm. Access to the system, after obtaining a username and password, is at the following address: https://cpsContractor.nih.gov/ Section M - Evaluation Factors for Award •1. EVALUATION OF THE TECHNICAL PORTION OF QUOTATIONS The technical portion of quotations will be evaluated in accordance with the factors and order of relative importance as described below. In awarding the contract, HUD will select the contractor who presents the overall best value to the Government, using the trade off process, considering the technical merit of the contractor's quote and its evaluated cost/price. The evaluation team will use the factors below to evaluate all quotes. The factors are listed in descending order of importance and all factors, when combined, are significantly more important than price. As evaluations become more nearly equal price becomes more important. HUD will evaluate the contractor's proposed costs/prices for the 12-month base year and four one year options. The quotes will also be rated as Excellent/Low Performance Risk, Good/Low Performance Risk, Fair /Moderate Performance Risk, Poor /High Performance Risk, and Unsatisfactory/Very High Performance Risk for each technical factor. The Past Performance factor will use the same adjectival ratings with the addition of a " Neutral/Unknown Performance Risk " rating. Neutral ratings are assigned when there is not sufficient past performance data available to the evaluators to allow a rating determination. The Contract award decision will be based on an evaluation of an Offeror's complete quote submission, including the proposed price and the following: All Technical Factors will be rated in descending order of importance. •Ø FACTOR 1: Technical Understanding, Experience and Approach The Offeror shall demonstrate experience in per forming work that is the same as, or substantially similar to that required by the statement of work. Offeror's proposal shall demonstrate experience providing the following: Staffing and classification technology solution that meets all federal government standards and requirements; Integrating the proposed solution with other Federal Government Systems; An automated classification system integrated with an automated applicant in-take, assessment, and referral system that complies with OPM regulations and delegated examining guidelines; The capability to produce a system generated FLSA determination using criteria outlined in 5 CFR based on the major duties and responsibilities of the position description capable of being edited by the HR Specialist; The capability to produce a system generated MD-715 Report that meets EEOC requirements; The capability to track data and produce real-time reports on OPM's End-to-End Hiring Initiative (80 day time to hire); The capability to produce system generated job analyses that are linked to position data that can be edited by HR Specialists; The capability to produce system generated assessment questionnaires that are linked to position data that can be edited by HR Specialists; The capability to produce system generated interview questions that are linked to competencies associated with specific job series; The capability to interface with OPM's USAJOBs applicant notification requirements; •· The capability to mass forward vacancy links to a wide outreach distribution group of professional, educational, and minority organizations which can be updated with new groups. •Ø FACTOR 2: Past Performance The Offeror shall provide evidence of their past performance in accomplishing work - including meeting delivery dates and schedules - the same as, or substantially similar to, that required by the SOW. The Offeror shall provide the information identified below in its response to Past Performance as described above and may be given the opportunity to address adverse past performance information; however, this exchange of information is for clarification only and not for purposes of discussion. At least three similar HR projects as described above and performed within the past three (3) years must be provided. The project profiles must include a scope similar to the scope of work described in the attached statement of work. The Offerors' shall provide the following information for each project profile: •a. Project title or name; •b. Name of client/contracting entity; •c. Role (prime or subcontractor); •d. Period of performance (including the original scheduled completion date established at contract/Contract award and the actual completion date, with explanation of any variance). If the reference contract is not an existing contract, provide a brief explanation on why the contract is no longer current; •e. Geographic location(s) where contract work was performed; •f. Names, phone numbers and email addresses, if available, of the CO and COTR and/or Commercial Buyer and Project Manager; In the event that the Offeror does not have past performance information the evaluation factor rating will be rated as neutral/unknown. •Ø FACTOR 3 Key Personnel The Offeror shall submit documented evidence of its ability to provide essential Key Personnel who possess the qualifications to successfully perform the task as described in the SOW as outlined below. The proposal shall describe (not a resume) specific personnel along with letters of commitment to be assigned to this project, their background, pertinent experience, and the length of time each will be working on this project. This will include the education level, experience, both general and project related, and availability of sufficient key project professional and technical personnel by the prime Contractor as well as any proposed consultants. In addition proposed contract personnel must include Avue subject matter expertise. Information on key personnel is not included in the 25 page limitation. Key Personnel consists of the Project Manager. FACTOR 4 Price The Offerors shall submit their proposed pricing methodology that will support their technical approach, reflects a clear understanding of the requirements and is consistent with the performance of the tasks described in the SOW. The price reasonableness analysis will be based on the overall evaluation of the price quotation. Therefore, no pricing should be included in Technical quotation. The offeror's proposed prices will be evaluated to determine if they are fair and reasonable. Proposed hourly rates shall be "fully loaded" inclusive of all related costs, including direct labor, fringe benefits, training, overhead, profit, vacation and holiday pay, future pay/benefit increases, overtime and shift differential. Price will be evaluated by adding up all the CLINs for the base and option years. END OF SOLICITATION
 

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Zip Code: 20410
 

Record

SN02112428-W 20100407/100405234359-6fefd9ee18cc64f3ae85fbb4a69ef2cb (fbodaily.com)
 

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