PRESOL | R | Temporary Legal Services

FBO DAILY ISSUE OF DECEMBER 15, 2011 FBO #3673
SOLICITATION NOTICE

R -- Temporary Legal Services

Notice Date: 12/13/2011
Notice Type: Combined Synopsis/Solicitation
NAICS: 561320 — Temporary Help Services
Contracting Office: Pension Benefit Guaranty Corporation, Chief Management Officer, Procurement Department, Suite 1090, 1200 K Street, N.W., Washington, District of Columbia, 20005-4026
ZIP Code: 20005-4026
Solicitation Number: PBGC01-RQ-RQ-37-12-000009
Archive Date: 1/3/2012
Point of Contact: James R. Payton, Phone: 20232641603093
E-Mail Address: payton.james@pbgc.gov
(payton.james@pbgc.gov)
Small Business Set-Aside: N/A
Description: REQUEST FOR QUOTATION Administrative Legal Specialist/Legal Secretary 1. RFQ ISSUE DATE: December 13, 2011 2. ISSUED BY: Pension Benefit Guaranty Corporation Procurement Department, 1200 K Street NW Suite 1090 Washington DC 20005- 4026 3. FOR INFORMATION CONTACT NAME: James Payton Contract Specialist E-MAIL Payton.James@pbgc.gov 4. QUESTIONS: Any questions regarding this RFQ shall be submitted toPayton.James@pbgc.gov. No information concerning this solicitation will be provided in response to telephone calls. All requests must be in writing, via email only. Written inquiries will be answered and provided to all vendors via an amendment to this RFQ. 5. PROPOSAL DUE DATE/TIME: December 19, 2011, 11:00 AM EST to the Contract Specialist. 6. SUBMISSION OF QUOTATIONS: Submit One (1) copy of the technical and price proposal no later than the specified time listed in paragraph 5 above. Quotations will be submitted directly to Payton.James@pbgc.gov. 7. ADDITIONAL INFORMATION: The contractor is urged to examine this solicitation in its entirety and to ensure that its quotation contains all necessary information. 8.LIST OF ATTACHMENTS A Statement of Work (SOW) B. Evaluation Factors for Award C. Quotation Instructions D. Provisions and Clauses E. Pricing Schedule Attachment A STATEMENT OF WORK BACKGROUND The Office of the Chief Counsel (OCC) has responsibility for the majority of the legal activities of the Pension Benefit Guaranty Corporation (PBGC), including participation in and directing all litigation and liens involving the PBGC, rendering legal advice and opinions under Title IV of the Employee Retirement Income Security Act of 1974, as amended (ERISA); processing a wide variety of cases arising under ERISA, and providing legal advice and services needed by the PBGC. Group I of the Office of the Chief Counsel requires temporary administrative (legal) services to assist the Assistant Chief Counsels (ACCs) and Attorneys in the group as OCC go through the process of hiring a permanent federal employee. SCOPE OF WORK The contractor shall provide administrative support services to Group I. The contractor's hours will be from 8:30 AM to 5:15 PM with one uncompensated hour off for lunch. Using specialized legal administrative/secretary knowledge, the contractor will coordinate various matters for ACCs and attorneys and supporting paralegals including the orderly processing of OCC's work to the courts, other Federal agencies, members of the public, and other departments within PBGC. • The contractor shall provide legal administrative support services to include the following: • Performs complex office automation tasks in connection with monitoring and tracking court and internal deadlines utilizing several software packages, e.g. • TeamConnect, QuickTime and Fed-Traveler. • Reviews, proofreads and provides corrections to legal documents based on knowledge of office functions and legal terminology (preferably related to ERISA) • Establishes and maintain subject matter, chronological, and correspondence files and record relating to the work of the sections in the group. • Receives and refers telephone calls and visitors to proper office. Answers non-technical question about functions of the office and otherwise refers to the correct party. • Prepare and copy documents for delivery (e.g. electronically, US Mail or FedEx) • Reserving conference rooms • Arranging meeting and conference calls • Provide receptionist coverage for the office as needed; • Other similar administrative tasks as assigned by ACC or attorneys QUALIFICATIONS Contractor must have three years of work experience in a legal office environment where they had to interact with attorneys practicing ERISA case law, paralegals and other internal and external customers. They must be able to identify time, office and court sensitive matters. The contractor must be computer literate and be skilled in operating a variety of software applications, specifically, TeamConnect, MS Outlook, MS Word 2007 or higher and WordPerfect X3. They must have the ability to learn PBGC-specific software applications. The contractor must have a typing speed of at least 60 WPM. CONTRACT TYPE The contract shall be firm fixed price. OTHER DIRECT COST Approved Local Travel Expenses LABOR CATEGORY Administrative Legal Specialist PERIOD OF PERFORMANCE January 2, 2012 through June 20, 2012. PLACE OF PERFORMANCE The place of performance shall be Office of the Chief Counsel in PBGC Headquarters at1200 K Street N.W., Washington, DC 20005-4026. Attachment B QUOTATION INSTRUCTIONS Quotations shall be submitted in two separate parts as further described below, i.e. Part I-Technical Proposal and Part II-Price. Quote must be submitted electronically via email. Facsimile offers will not be considered. Each part shall use the specific format below. These directions assist in providing a fair and equitable evaluation of all quotes. The Government may determine those quotes not following the directions as unacceptable and may reject such offers from further consideration. Quotations shall not exceed 40 pages in length and shall be submitted on 8.5 by 11 inch paper 10 pitch print or larger, Arial or Times Roman style font 1.25 inch left hand margin,.75 inch right hand margin and 1 inch margins at both the top and bottom for each page all pages single spaced every page sequentially numbered; and page numbers shall be centered in the bottom margin. Part I Technical Proposal Experience and Qualifications of Personnel Factor 1. The Offeror shall provide the following information on Key Personnel for this solicitation: The offeror shall submit only one resume for each of the proposed Key Personnel Labor categories including subcontractor employees who will perform duties of key personnel. Limit Three Resumes. The offeror shall provide the names, position descriptions and information to support the qualifications, include relevant experience, specialized training and education, of all proposed key personnel. The resumes employment history shall include the names of employers, start and end dates of employment (in format MMYYYY), position title, and responsibilities and duties performed during the employment period. Offerors shall address how their key personnel satisfy the evaluation criteria set forth in Attachment C. Any gaps in work in work history shall be explained. For all key personnel not currently employed by the offeror, the offeror shall provide commitment letters. Experience and Qualifications of proposed Key Personnel section including the resumes shall be limited to a maximum of fifteen (15) pages. If the total pages exceed the maximum page limit allowed, those pages will not be evaluated and considered for this proposal. Past Performance (Factor 2) Each offeror must submit a list of two references that PBGC can contact to evaluate the offeror's past performance. Include satisfied customers who worked with personnel listed in factor 2 above. The list must include the following information. 1. Name of reference. 2. Point of contact. 3. Telephone number. 4. The focus of the facilitation engagement. Technical Approach (Factor 3) Offeror's proposal shall fully address the evaluation factors in their written technical proposal as stated in Attachment C, Evaluation Factors for Award Price Factor (4) The Offeror's Price Proposal must be separate from the written technical proposal. The person signing the Proposal must have the authority to commit the Offeror to all the provisions of the proposal, fully recognizing that the Government has the right, by terms of the solicitation, to make an award without further discussions. Attachment C EVALUATION FACTORS FOR AWARD BEST VALUE PROCUREMENT-TECHNICAL TRADEOFF 1) The Government will make an award to the responsible offeror whose offer conforms to the solicitation and is most advantageous to the Government (i.e., which represents the best value to the Government), price and other factors considered. Experience and Qualifications of Personnel and Past Performance are equal When combined Experience and Qualifications of Personnel and Past Performance are more important than Technical Approach. The combined relative merit of Experience and Qualifications of Personnel, Past Performance and Technical Approach will be significantly more important than price in the selection of the contractor. 2) While the price factor has no numerical weight, it is a criterion in the overall evaluation of proposals. Furthermore, the proposed price must be considered reasonable and must reflect the proposed technical approach. 3) The Government may award a contract to other than the lowest priced offer. In the event that two or more offers are considered technically equivalent, the evaluated price will be of primary importance in determining the proposal most advantageous to the Government. The proposals will be evaluated using the following factors below: Factor 1-. Experience and Qualifications of Personnel Factor 2- Past Performance Factor 3- Technical Approach Factor 4-Price TECHNICAL EVALUATION FACTORS Factor 1- Experience and Qualifications of Personnel The extent which the offeror provides qualified and experienced person meeting or exceeding the minimum qualifications for each labor category proposed. A resume for each of the proposed individuals expected to perform under the contract must be submitted. The resume should clearly demonstrate that the proposed individual meets or exceeds minimum labor category requirements. Any subcontractor personnel, if any, must be so identified. If personnel are not currently employed with a proposed prime contractor or proposed subcontractor, commitment letters are to be provided. Factor 2- Past performance The extent to which the offeror provides evidence of past performance that is relevant and recent as measured by the following factors to include work similar in size and scope for the work required under this solicitation. (a) Quality of products and services as well as technical support provided, to include quality of personnel; (b) Cost control; (c) Timeliness of performance; (d ) Business relations, to include problem responsiveness; and, (e ) Customer satisfaction. Factor 3- Technical Approach The extent to which the offeror addresses the following: 1) Approach to accomplishing all the tasks outlined in the Statement of Work and the ability of offeror's proposed approach to meet the requirements; 2) Quality Control procedures to include offeror's approach to quickly detecting and correcting errors, deficiencies, and problems effecting contract performance; 3) Methods for resolving contract performance problems including unsatisfactory work performance, and violations to contract terms and conditions including statutory and regulatory breaches; 4) Procedures for tracking and measuring work; and, 5) Approach to ensuring on time Delivery Schedule. Factor 4-Price Price is not assigned an adjectival rating or scored; it will be evaluated to determine whether it is reasonable and reflects that the offeror understands the work. Price will be evaluated for reasonableness and appropriateness of proposed amounts and for the task order requirements. Attachment D Provisions and Clauses Provisions and clauses applicable to this acquisition are as follows: 2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) CLAUSES INCORPORATED BY REFERENCE 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUN 2010) 52.212-5-CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2011) 52.223-8 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (SEP 2010) PBGC-03-001 Confidentiality of Information (Oct 2004) (a) To the extent that the work under this contract requires that the Contractor be given access to confidential or proprietary business, technical, or financial information belonging to the Government or private companies, 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 which, at the time of receipt by the Contractor, is in the public domain; (2) Information which is published after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor; (3) Information which the Contractor can demonstrate was already in his possession at the time of receipt from PBGC and was not acquired directly or indirectly from the Government or other companies; (4) Information which the Contractor can demonstrate was received by it from a third party who 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 or his designee, of each employee permitted access to confidential information, whereby the employee agrees that he will not discuss, divulge or disclose any such information or data to any person or entity except on a need-to-know basis to 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 or proprietary and setting forth the company or companies from which the Contractor received such information. (d) The Contractor agrees that upon request by PBGC it will execute a PBGC-approved agreement with any party whose proprietary data it is given access to or is furnished, restricting use and disclosure of the data. Upon request by PBGC, such an agreement shall also be signed by Contractor personnel. (e) This clause shall flow down to all subcontracts. PBGC-03-003 Suitability Determination Requirements (JAN 2010) The Pension Benefit Guaranty Corporation will investigate and adjudicate the suitability of contractors for employment or continued employment. PBGC will employ and/or retain only those persons found suitable for employment. (1) The Contractor employees governed by this contract may need to access sensitive information. PBGC reserves the right to determine suitability for contractor personnel at the project site and deny access to any sensitive information or project specific area to any personnel for any cause. (2) The Contractor shall notify the Contracting Officer in writing providing the name and the nationality of non-U.S. citizens who are legal residents, providing a copy of their VISA (work permit) or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence from the U.S. Citizenship and Immigration Services that employment will not affect his/her immigration status. PBGC reserves the right to refuse any foreign national participation on this contract and to refuse them permission to enter PBGC premises. (3) The Contracting Officer or the Contracting Officer's Technical Representative (COTR) will provide the appropriate background investigation forms to the contractor and give the contractor instructions for completing the background investigation process. These responsibilities may be delegated to the Contract Manager or the Contract Security Representative with the understanding that the COTR holds ultimate responsibility. Completed background investigation forms shall be submitted within two (2) weeks from the Entrance on Duty date to: Pension Benefit Guaranty Corporation PBGC Security Officer Facilities and Services Department 1200 K Street, NW, Mail Stop: FASD Washington, DC 20005-4026 (4) PBGC will exercise full and complete control over granting, denying, withholding, or terminating clearances for employees. The PBGC may, as it deems appropriate, authorize and grant temporary clearance to employees of the contractor. However, the granting of a temporary clearance to any such employee shall not be considered as assurance that full clearance will follow as a result or condition thereof and the granting of either a temporary or full clearance shall in no way prevent, preclude or bar the withdrawal or termination of any such clearance by the PBGC. (5) If the adjudication is unfavorable on a contract employee, or if PBGC finds a contractor to be unsuitable or unfit for his or her assigned duties, the Personnel Security Officer will contact the Contractor to effect the immediate removal of the contract employee from the PBGC contract and premises. (6) PBGC may waive suitability determinations for contractor personnel who have had recent background investigations at the appropriate suitability determination risk level established by either the COTR or the Personnel Security Officer. PBGC will inform the contractors where such is the case. The Contractor will be provided a copy of the PBGC Directive PM 05-, "Personnel Security and Suitability Program" and PBGC Directive PM 05-1, "PBGC Entrance on Duty and Separation Procedures for Federal and Contract Employees" and facilitate the Suitability Determination process. Failure to comply with PM 05-1 may result in: (a) corrective action, up to and including contract termination for continued non-compliance after counseling, or (b) documented non-compliance on the contractors past performance evaluation. (End of Clause) PBGC-03-004 Display of PBGC Identification Badges (Apr 2007) The Contractor shall comply with PBGC Directive Number GA-10-9, "Display of PBGC Identification Badges," the full content of which is located at http://www.pbgc.gov/docs/GA_10_9.pdf - Directive GA-10-9. All contract and sub-contract employees whose duties under this contract require their presence on designated PBGC facilities shall be clearly identifiable by a distinctive badge furnished by PBGC and shall observe and otherwise be subject to such security regulations as are in effect for the particular premises in accordance with PBGC Directive Number GA-10-9. The PBGC-issued photo Identification Badge shall be visible and be displayed at or above the waist. Badges may be displayed from either lanyard or clip style holders. The badge must be available for building security officer inspection in order to authenticate and validate. Contractors that arrive to work without their Badge must: report to the Security Desk located in the 1200 K Street lobby; sign-in to the appropriate Log Book; present a valid government-issued form of photo identification to the security officer; contact a co-worker to vouch for him/her by signature in the log book; and, receive and display a temporary badge which shall be visible at all times and displayed at or above the waist. Contractors shall be responsible for the care and protection of their Badge and promptly report all instances of loss or theft and initiate immediate action to replace the lost or stolen Badge. Contractors shall relinquish their Badge upon separation or upon any circumstances which make the continued possession or use inappropriate. Failure to comply with this Directive can result in refusal of admittance to PBGC designated facilities. a) To the extent that the work under this contract requires the Contractor be given access to personally identifiable information about an individual gathered and/or maintained by the Government or the Contractor (hereinafter referred to as PII), the Contractor shall after receipt thereof, treat such PII as confidential and safeguard such information from unauthorized use and disclosure. (b) The Contractor agrees to allow access only to those employees who need the PII to perform services under this contract and agrees that PII will be used solely for the purpose of performing services under this contract. The Contractor shall ensure that its employees will not discuss, divulge or disclose any such PII to any person or entity except those persons within the Contractors organization directly concerned with the performance of the contract. (c) The Contractor shall administer a monitoring process to ensure compliance with the provisions of this clause, promptly report any breaches to the Contracting Officers Technical Representative (COTR), and implement immediate, appropriate corrective actions to contain and prevent recurrence. (d) The Contractor shall report to the COTR immediately upon discovery of a real or suspected loss of PII. Protected PII is an individual's first name or first initial and last name in combination with any one or more of the following data elements including, but not limited to, social security number, passport number, credit card numbers, clearances, bank numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and financial records, educational transcripts, pension and participant plan, etc. (e) The Contractor and employees shall adhere to PBGC Orders relating to the protection of sensitive and personally identifiable information including: 1. IM 10-2 Safeguarding Tax Return Information, http://www.pbgc.gov/docs/IM_10_2.pdf 2. IM 10-3 Protecting Sensitive Information, http://www.pbgc.gov/docs/IM_10_3.pdf 3. IM 15-1 PBGC Records Management Programs, http://www.pbgc.gov/docs/IM_15_1.pdf 4. IM 05-9 Privacy Program, http://www.pbgc.gov/docs/IM_05_9.pdf (Note: If unable to access these orders, the Contracting Officer will provide copies upon request.) (f)The Government may terminate this contract for default or cause if the Contractor or an employee of the Contractor fails to comply with the provisions of this clause. The Government may also exercise any other rights and remedies provided by law or this contract, including criminal and civil penalties. In addition, the Contracting Officer or COTR may direct the Contractor to remove from performance of the contract, any Contractor or subcontractor personnel who have improperly disclosed PII. (g) The Contractor shall include this clause in all subcontracts. However, such provision in the subcontracts shall not relieve Contractor of its obligation to assure compliance with the provisions of this clause. (End of Clause) PBGC-03-006 - Suitability Determination Requirements (<SAT) (NOV 2011) The Contracting Officer or the Contracting Officer's Technical Point of Contact (TPOC) will provide the appropriate background investigation forms to the contractor and give the contractor instructions for completing the background investigation process. Completed background investigation forms shall be submitted within two (2) weeks after Entrance on Duty date to: Pension Benefit Guaranty Corporation PBGC Security Officer Facilities and Services Department 1200 K Street, NW, Mail Stop: FASD Washington, DC 20005-4026 The contractor, upon request, will be provided a copy of PBGC Directive PM 05-6, "Personnel Security and Suitability Program" and PBGC Directive PM 05-1, "PBGC Entrance on Duty and Separation Procedures for Federal and Contract Employees". Failure to comply with PM 05-1 may result in: (a) corrective action, up to and including contract termination for continued non-compliance after counseling, or (b) documented non-compliance on the contractor's past performance evaluation. End of Clause PBGC-09-001 Restriction Against Disclosure of Inform (a) The Contractor agrees that it will take such measures as are necessary to restrict access to pension plan and participant records as well as any other information related to work pursuant to this contract (including, but not limited to, any information relating to legal, policy, program, operational or other issues, whether concerning existing, proposed or contemplated legislation, regulations, policy issuances or similar matters or otherwise) to those employees and/or subcontractors of the Contractor needing such information to perform the work required there under, i.e., on a "need-to-know" basis. This Clause does not apply to information which has been released to the public by PBGC or which is available to the public other than by the Contractor's breach of this Agreement. (b) The Contractor agrees to keep the restricted information in the strictest confidence. The Contractor also agrees not to publish, reproduce or otherwise divulge the Information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to the Information, to those employees and/or subcontractors needing such information to perform the work required under the contract, i.e., on a "need-to-know" basis. The obligation to maintain confidentiality continues after completion, termination, or expiration of this contract. The Information shall be made available only at the discretion of the PBGC and subject to the Freedom of Information Act (5 U.S.C. Sec. 552), as amended, The Privacy Act, (5 U.S.C. Sec. 552a), as amended, The Trade Secrets Act, (18 U.S.C. Sec. 1905, as amended), and any other applicable laws or regulations. Further, the Contractor shall notify the PBGC of the transfer to subcontractors of any information prior to any such transfer. Upon completion of the Contractor's obligations, the Contractor shall return or destroy all copies of restricted information, whether furnished by PBGC or created by the Contractor and any subcontractor. (c) The Contractor agrees to immediately notify the PBGC, in writing, in the event that the Contractor determines or has reason to suspect a breach of any part of this clause. (d) The Contractor agrees to immediately notify the PBGC in writing, of any request received from any individual who is not a party to this contract, for access to information related to this contract. Those requests will be directed to PBGC's Disclosure Officer for processing under the provision of the Freedom of Information Act. This paragraph does not apply to a request by an individual for access to information contained in records pertaining to that particular individual. However, if the individual wants copies of the actual records pertaining to him, he first must contact PBGC's Disclosure Officer. (e) The Contractor agrees that it will not knowingly violate any statutory or regulatory restrictions against the disclosure of government records, including 5 U.S.C. Sec. 552a, as amended, 5 U.S.C. Sec. 552, as amended, 18 U.S.C. Sec. 1905, as amended, and implementing regulations. The Contractor also agrees that it will take steps to ensure that any subcontractor will also adhere to these restrictions. (f) The Contractor and its employees and subcontractors are bound by Section (m) of the Privacy Act, 5 U.S.C. Sec. 552a (m) and as such are considered under the Act and for purposes of this contract to be employees of the agency. Accordingly, the Contractor and its employees are subject to the criminal penalties of the Privacy Act, 5 U.S.C. Sec.552a (i). (g) The Contractor will designate and identify an individual who shall be responsible for the notifications required under sections 2, 3 and 4 of this paragraph and who shall receive all appropriate responses from the Contracting Officer's Technical Representative (COTR) or from PBGC's Disclosure Officer. PBGC-04-005 PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION (PII) (JAN 2011) b) To the extent that the work under this contract requires the Contractor be given access to personally identifiable information about an individual gathered and/or maintained by the Government or the Contractor (hereinafter referred to as PII), the Contractor shall after receipt thereof, treat such PII as confidential and safeguard such information from unauthorized use and disclosure. (b) The Contractor agrees to allow access only to those employees who need the PII to perform services under this contract and agrees that PII will be used solely for the purpose of performing services under this contract. The Contractor shall ensure that its employees will not discuss, divulge or disclose any such PII to any person or entity except those persons within the Contractors organization directly concerned with the performance of the contract. (c) The Contractor shall administer a monitoring process to ensure compliance with the provisions of this clause, promptly report any breaches to the Contracting Officers Technical Representative (COTR), and implement immediate, appropriate corrective actions to contain and prevent recurrence. (d) The Contractor shall report to the COTR immediately upon discovery of a real or suspected loss of PII. Protected PII is an individual's first name or first initial and last name in combination with any one or more of the following data elements including, but not limited to, social security number, passport number, credit card numbers, clearances, bank numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and financial records, educational transcripts, pension and participant plan, etc. (e) The Contractor and employees shall adhere to PBGC Orders relating to the protection of sensitive and personally identifiable information including: 1. IM 10-2 Safeguarding Tax Return Information, http://www.pbgc.gov/docs/IM_10_2.pdf 2. IM 10-3 Protecting Sensitive Information, http://www.pbgc.gov/docs/IM_10_3.pdf 3. IM 15-1 PBGC Records Management Programs, http://www.pbgc.gov/docs/IM_15_1.pdf 4. IM 05-9 Privacy Program, http://www.pbgc.gov/docs/IM_05_9.pdf (Note: If unable to access these orders, the Contracting Officer will provide copies upon request.) (f)The Government may terminate this contract for default or cause if the Contractor or an employee of the Contractor fails to comply with the provisions of this clause. The Government may also exercise any other rights and remedies provided by law or this contract, including criminal and civil penalties. In addition, the Contracting Officer or COTR may direct the Contractor to remove from performance of the contract, any Contractor or subcontractor personnel who have improperly disclosed PII. (g) The Contractor shall include this clause in all subcontracts. However, such provision in the subcontracts shall not relieve Contractor of its obligation to assure compliance with the provisions of this clause. (End of Clause) PBGC-09-001 Restriction Against Disclosure of Information (Oct 2004) (a) The Contractor agrees that it will take such measures as are necessary to restrict access to pension plan and participant records as well as any other information related to work pursuant to this contract (including, but not limited to, any information relating to legal, policy, program, operational or other issues, whether concerning existing, proposed or contemplated legislation, regulations, policy issuances or similar matters or otherwise) to those employees and/or subcontractors of the Contractor needing such information to perform the work required there under, i.e., on a "need-to-know" basis. This Clause does not apply to information which has been released to the public by PBGC or which is available to the public other than by the Contractor's breach of this Agreement. (b) The Contractor agrees to keep the restricted information in the strictest confidence. The Contractor also agrees not to publish, reproduce or otherwise divulge the Information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to the Information, to those employees and/or subcontractors needing such information to perform the work required under the contract, i.e., on a "need-to-know" basis. The obligation to maintain confidentiality continues after completion, termination, or expiration of this contract. The Information shall be made available only at the discretion of the PBGC and subject to the Freedom of Information Act (5 U.S.C. Sec. 552), as amended, The Privacy Act, (5 U.S.C. Sec. 552a), as amended, The Trade Secrets Act, (18 U.S.C. Sec. 1905, as amended), and any other applicable laws or regulations. Further, the Contractor shall notify the PBGC of the transfer to subcontractors of any information prior to any such transfer. Upon completion of the Contractor's obligations, the Contractor shall return or destroy all copies of restricted information, whether furnished by PBGC or created by the Contractor and any subcontractor. (c) The Contractor agrees to immediately notify the PBGC, in writing, in the event that the Contractor determines or has reason to suspect a breach of any part of this clause. (d) The Contractor agrees to immediately notify the PBGC in writing, of any request received from any individual who is not a party to this contract, for access to information related to this contract. Those requests will be directed to PBGC's Disclosure Officer for processing under the provision of the Freedom of Information Act. This paragraph does not apply to a request by an individual for access to information contained in records pertaining to that particular individual. However, if the individual wants copies of the actual records pertaining to him, he first must contact PBGC's Disclosure Officer. (e) The Contractor agrees that it will not knowingly violate any statutory or regulatory restrictions against the disclosure of government records, including 5 U.S.C. Sec. 552a, as amended, 5 U.S.C. Sec. 552, as amended, 18 U.S.C. Sec. 1905, as amended, and implementing regulations. The Contractor also agrees that it will take steps to ensure that any subcontractor will also adhere to these restrictions. (f) The Contractor and its employees and subcontractors are bound by Section (m) of the Privacy Act, 5 U.S.C. Sec. 552a (m) and as such are considered under the Act and for purposes of this contract to be employees of the agency. Accordingly, the Contractor and its employees are subject to the criminal penalties of the Privacy Act, 5 U.S.C. Sec.552a (i). (g) The Contractor will designate and identify an individual who shall be responsible for the notifications required under sections 2, 3 and 4 of this paragraph and who shall receive all appropriate responses from the Contracting Officer's Technical Representative (COTR) or from PBGC's Disclosure Officer. The Contractor shall take those steps necessary to ensure that the provisions of paragraphs H.7 (a)-(g), inclusive, are adhered to by all directors, officers, agents and employees of the Contractor. (a) The Contractor shall place the provisions contained at Paragraphs H.7(a)-(g), above, in all subcontracts entered into pursuant to the contract where the subcontractor will have or may gain access to PBGC information and, further, the Contractor agrees to enforce the provisions of this paragraph H.7 against any and all subcontractors under this contract. PBGC-31-002 LUNCH PERIOD (FEB 2011) All Contractor employees must take a minimum of 30 minutes lunch break for every five hours worked which is not chargeable to the contract. PBGC-31-003 TRAINING (OCT 2004) All costs associated with training required to make a contractor employee qualified to perform any given task under this contract shall be borne by the Contractor. The Contractor may be reimbursed by the PBGC for the cost of a training course on PBGC specific applications, policies or procedures only when the training has been pre-approved by the COTR. The Contractor shall present to the COTR a written justification which clearly describes the training, its direct benefits to PBGC, the impact if the training is not provided and the total cost including (1) salary or wages, (2) travel and accommodations in accordance with federal travel regulations, (3) tuition and fees when the training is in an institution not operated by PBGC or the Contractor, and (4) training materials and textbooks. The request must be made and approval granted by the COTR prior to the training. The COTR is designated the authority to approve or disapprove the training or any of the inclusive costs PBGC-31-004 AGENCY AWARENESS TRAINING (JUL 2011) Any staff training specifically relating to PBGC's policies, procedures, and systems will be provided to the contractor by the PBGC. Generally, PBGC will utilize three methods of delivering training: (1) presentation by PBGC subject-matter experts, (2) Train-the-Trainer sessions, or (3) on-line training, such as computer-based modules, web-based modules, or through on-line meeting and collaboration tools such as WebEx. During the Train-the-Trainer sessions, the Contractor will be required to send appropriate staff to PBGC to learn the required subject matter and then deliver the training to the Contractor staff. Privacy and Information Security Awareness Training (a) Annual awareness training: All Contractor employees shall be required to take annual awareness training offered by PBGC regarding the Privacy Act, 5 U.S.C. § 552a, and the protection of personally identifiable information (PII). Additionally, all Contractor employees with access to the PBGC network shall be required to take annual awareness training offered by the PBGC regarding Information Security at the PBGC. These awareness training requirements may be fulfilled through completion of computer-based training (taken remotely or at PBGC Headquarters), though in-person training offered at PBGC, or through another PBGC-approved training vehicle. The Contracting Officer or the Contracting Officer's Technical Representative (COTR) will provide further information, instructions, and materials for completing the training processes. Contractor employees who fail to complete annual awareness training within established deadlines shall lose access to the PBGC network and may lose access to PBGC facilities and records. (b) Entrance-on-duty awareness training: Contractor employees shall be required to complete Privacy training prior to obtaining, as applicable: (1) a positive suitability determination, (2) approval for entrance on duty, (3) access to the PBGC network, and (4) access to electronic or hardcopy personally identifiable information (PII). All Contractor employees with access to the PBGC network shall be required to complete initial Information Security awareness training prior to accessing the PBGC network. (c) Waiver: Contractors may ask the Contracting Officer to waive the Privacy awareness training requirement for all or some employees who have no access to personally identifiable information and other information protected by the Privacy Act. Please note, training waivers will only be granted in exceptional cases. PBGC-32-004 SUBMISSION OF INVOICES (SAP) (APR 2011 The Contractor shall submit invoices for items and/or services rendered either by e-mail to: InvoiceManager@pbgc.gov or by mail to: Pension Benefit Guaranty Corporation Controller Operations Div/General Accounting Branch 1200 K Street, N.W., Suite 640 Washington, D.C. 20005-4026 All inquiries concerning payment should be directed to the General Accounting Branch at (202) 326-4062 #0 or by e-mail: InvoiceManager@pbgc.gov The Contractor must include the following information and/or attached documentation for the invoice to be considered proper. Invoices, which do not contain all the required information, may be returned to the vendor unpaid for correction and resubmission. - Name and address of Contractor - Invoice date and invoice number - Purchase/Delivery Order Number - Shipping and payment terms - Name and address for Contractor official to whom payment is to be sent (must be same as that in the order or in a proper notice of assignment) - Name (where practicable), title, phone number and mailing address of person to notify in the event of a defective invoice - Taxpayer Identification Number (TIN) - Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed - Expenditures and hours of effort expended by individual during the reporting period (if applicable). - If applicable, for each invoice covering travel expenses incurred, mileage records and copies of receipts from actual transportation costs and accommodations shall be included as supportive material for each invoice. NOTE: PBGC authorization must be obtained prior to incurring any travel expenses for which the Contractor requests reimbursement. (End of Clause) Attachment E PRICING SCHEDULE (FIRM FIXED PRICE) Contract Line Item Number (CLIN) Program Area/ Required Service(s) Total Price 0001 FFP Administrative Legal Specialist/Legal Services in accordance with the attached Statement of Work
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