02-75N94023Q00010_Addenda.pdf

New York City Ghanaian Immigrant Mental Health and Well-Being Project

Addenda to FAR 52.212-1 and 52.212-4

Solicitation No. 75N94023Q00010

ADDENDUM TO FAR CLAUSE 52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

1. Quote Submission Instructions

a. Quotes shall be submitted electronically via email to Mr. Chris Bocus at chris.bocus@nih.gov by the due date specified below.

Offerors are responsible for submitting quotes, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

Any quote, modification, or revision 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 the Contracting Officer determines that accepting the late offer would not unduly delay or compromise the acquisition.

Quotes may be withdrawn by written notice received at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

b. Technical and Price Quotes are due on March 24, 2023 at 3:00 PM Eastern Standard Time

(EST). The Price quote shall be submitted separately from the technical quote. Please provide searchable electronic copies only, in the format described in Sections 4, 5, and 6 outlined below.

2. Requests for Clarification

a. Requests for clarification may be submitted electronically to the Contracting Officer via email not later than 3:00 PM Eastern Time (EST) on March 10, 2023.

b. When submitting requests for clarification, offerors must cite the relevant section, paragraph, and page number. Questions should be written in a way that enables clear understanding of the contractors’ issues or concerns. Statements expressing opinions, sentiments, or conjectures are not considered valid inquiries and will not be provided a response. Further, offerors are reminded that the Contracting Officer will not address hypothetical questions aimed at receiving a potential

“evaluation decision.”

c. Offerors may submit no more than ten (10) questions for clarification.

d. Written responses to questions will be provided to all offerors no later than 3:00 PM Eastern

Time (EST) on March 15, 2023. Responses will not disclose proprietary information of the offerors.

3. Award Date and Number of Awards

a. It is anticipated that one (1) award will be made from this solicitation and that the award will be effective on/about March 30, 2023.

b. It is anticipated that the award from this solicitation will be Time- and-Materials (T&M) type, with Period of Performance from March 31, 2023 – March 30, 2026.

4. General Quote Information and Instructions

a. Responses to this solicitation will be evaluated to determine the offeror that can best meet the

Government’s needs. The evaluation results in assessment of the offeror’s ability to successfully accomplish the requirement. Therefore, the offeror should read the solicitation carefully before preparing its response. The response should be practical, clear, and concise; should use quantitative terms whenever possible; should avoid qualitative adjectives; and should comprehensively address the requirements of this solicitation.

b. Information requested herein must be furnished in writing, fully and completely in compliance with the solicitation. The information requested and the manner of submittal is essential to permit prompt evaluation of all offers on a fair and uniform basis. Simple statements of compliance (i.e., “understood”; “will comply”) or phrases such as “standard procedures will be used” or “well known techniques will be utilized” and other generalities, without the detailed description of how compliance will be met, may not be considered sufficient evidence that the quote can technically meet the project requirements. Accordingly, any quote in which material information requested is not furnished or where indirect or incomplete answers or information are provided may be considered not acceptable.

c. Offerors may not submit alternate quotes or quotes that deviate from the solicitation. Alternate quotes or deviations from any requirements of this solicitation will not be accepted.

d. The quote must be signed by an official authorized to bind the offeror’s organization.

e. The Government may request clarifying information from the offeror as it relates to its quote.

5. Technical Quote Instructions and Format

a. The Technical Quote is the most important item in the evaluation of the offeror’s capability to perform the desired services. Therefore, the quote must present sufficient information to reflect a thorough understanding of the work requirements and a detailed technical approach for achieving project objectives as set forth in the SOW.

b. The Technical Quote should demonstrate organization capabilities experience and past performance relevant to the requirement.

c. The Technical Quote may NOT contain any references to price. However, resource information, such as labor categories, labor hours or percentage of full-time equivalents, and other non-cost data required to evaluate the offeror’s understanding of the scope of work must be included in the Technical Quote.

d. Assumptions, conditions, or exceptions with any of the terms and conditions or scope of work of this solicitation must be noted in the Technical Quote. If not noted in the Technical Quote, the

Government will assume that no assumptions, conditions, or exceptions are made and the contractor agrees to comply with all of the terms and conditions as set forth in this solicitation.

e. A current resume is provided for each employee that the respondent proposes to assign or commit to the project. The key personnel (and subcontractors, consultants or specialists, if applicable) to be assigned to the project are competent and experienced in the skills required to perform the requirements of the Statement of Work. The key staff possesses not only academic qualifications but also experience in similar tasks and clearly relevant training and experience.

f. The Technical Quote shall be limited to no more than twenty (20) pages not including any relevant appendices.

g. The Technical Quote should consist of the offeror’s intent and approach to the requirements, any considerations that should be made by the Government, as well as any additional information that expresses the contractor’s position above competitors for this effort.

h. The Technical Quote must be submitted and labeled in the following format:

i. Cover Letter (Not Included in Page Count)

a. Solicitation Number/Title;

b. Date of Submission;

c. Due Date;

d. Company Name/DUNS/Mailing Address/Telephone Number/Website URL;

e. Point of Contact Name/Telephone Number/Email; and

Note: Page count for Part I, II, and III shall not exceed 25 pages

ii. Part I: Technical Approach

iii. Part II: Corporate Capability & Past Performance

iv. Part III: Personnel

v. Appendices (Not Included in Page Count)

a. Appendix A: Corporate Capability and Past Performance References

b. Appendix B: Resumes and Letters of Commitment

6. Price Quote Instructions and Format

a. A Time-and-Materials (T&M) quote is requested. If applicable, the quote shall breakdown any indirect costs such as fringe, overhead, etc.

b. The quote shall consider the mix of labor categories and level of effort required to perform the services described in the Statement of Work (SOW). The Price Quote must be submitted separately from the Technical Quote for a three- year (3) year period of performance. The Price

Quote may be submitted in a format outlined below or as another format so long as it addressed the requirements identified in this section:

Base Period

Option

Period 1

Period 2

Period 3

Labor Category(s)

Number of Hours

Proposed Hourly Rate

Total:

ODCs

Travel

Total Proposed Task or Subtask Amount:

c. Pricing must list all other direct costs associated with a specific labor category in the performance of the order, i.e., travel, transportation, and training. Any travel costs must be proposed at the rates provided in the federal travel or joint travel regulations. The other direct cost category shall include, but not be limited to, subcontractors, consultants, materials and supplies, and travel/transportation. A complete explanation detailing the rationale for each item of other direct costs must be included in the quote. In addition, the rationale should be sufficient enough to determine that the other direct costs are fair and reasonable.

d. The Price Quote should contain all information necessary to allow for a comprehensive evaluation of the prices, including an accompanying narrative that fully describes all assumptions made by the offeror.

e. The Price Quote should contain sufficient information to determine the reasonableness of services proposed and to evaluate whether the proposed prices-costs are consistent with the Technical

Quote.

f. The Government considers one (1) full-time equivalent (FTE) employee as equaling 1,872 direct labor hours. The 1,872 hours are based on the most common direct work year of 2,080 hours less

80 hours for vacation, 40 hours for sick leave, and 88 hours for paid holidays. Therefore, the offeror is expected to propose 1,872 for a full-time equivalent employee. The offeror should factor vacation, sick leave, and the eleven (11) Federal holidays as an overhead expense incorporated the fixed hourly rate.

7. Basis for Award

a. Evaluations will be conducted in accordance with FAR 52.212-2, Evaluation – Commercial Items.

The merits of the quote will be evaluated carefully.

b. The Government intends to make an award to a technically acceptable quote, although cost is required to be considered in every case.

c. The Offeror’s cost/price quote will be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market.

d. An award will be made if the quote conforms to the requirements and is most advantageous to the

Government. The Government reserves the right to reject any or all offers or any part thereof and to waive any minor informality or irregularity in offers received.

e. Technical Evaluation:

1. Evaluation Factors for Award:

The following evaluation factors will be used when reviewing the technical quotes listed in relative order of importance:

▪ Criterion 1: Technical Approach

▪ Criterion 2: Organizational Capability and Past Performance

▪ Criterion 3: Personnel

Criterion 1: Technical Approach. The Government will evaluate the following:

i. The response provides a comprehensive understanding of the scope and objectives of the project to demonstrate respondent’s complete understanding of the intent and requirements of the project.

ii. Demonstrates knowledge of specific methods and techniques for completing each discrete task in sufficient detail to demonstrate likelihood of fully achieving all objectives and requirements of the Statement of Work (SOW).

iii. Demonstrates a feasible project plan and schedule, which meets the requirements of the

SOW and ensures effective management of the project and stakeholders that support and perform the work.

iv. The response describes the proposed approach to comply with each of the requirements that the respondent will be responsible for performing as specified in the SOW. The response is consistent with the stated project goals and objectives. The proposed approach of assuring the achievement of timely and acceptable performance is feasible and reasonable. The response demonstrates that the respondent is willing and able to commit its resources to fulfilling the requirements of the SOW.

v. The respondent proposes realistic timeframes (by milestones or phasing chart) and identifies the chronological sequence by which key activities will occur in order to accomplish each task that the respondent will be responsible for performing.

Criterion 2: Organizational Capability and Past Performance. The Government will evaluate the extent to which the Offeror’s response clearly and completely demonstrates its technical capability. The Government will evaluate the following:

i. Demonstrates a history of successful community based participatory research and intervention in Ghanaian immigrant communities in the five boroughs of New York

City.

ii. Must be a New York City based minority serving institution focusing on training underrepresented first generation college graduates to diversify future research labor force.

iii. Demonstrates a high level of community trust, established partnerships with faith based and special interest organizations, and long-term working relationships within the diverse Ghanaian community in New York City.

iv. Demonstrates previous management or organizational experience in performing work with the Ghanaian communities outlined in the SOW.

v. Demonstrates sufficient breadth and depth of management capability for accomplishing the project.

vi. Demonstrates adequacy of all facilities and equipment to accomplish the tasks specified in the statement of work (e.g., office space for staff, and availability of equipment, software and hardware, and communications systems as well as security and back-up systems to prevent loss of data).

vii. Possesses the capacity to file and review any internal review board applications necessary for the research activities outlined in the SOW.

viii. Demonstrates the facilities and support services necessary to process invoices, staff salaries, contractor agreements and payments, participant incentives, and monthly expense reports.

ix. Demonstrates the ability to coordinate and recruit participants for virtual and in-person community events.

Criterion 3: Personnel. The Government will evaluate the following:

i. The sufficiency of the staffing plan proposed assessing the quality and effectiveness of the allocation of personnel and resources.

ii. Information is provided as to which key personnel/project team will be assigned or committed to the project. The percentage of time each staff member will contribute to the project is adequately identified. The extent to which outside subcontractors, consultants or specialists will be used and for what tasks are specified and evidence of their availability for the project is provided.

iii. Proposed staff’s demonstrated experience providing services similar to those identified in the SOW.

iv. Proposed staff/project team demonstrate a history of conducting minority immigrant health research, intervention, and education.

v. Proposed staff/project team demonstrate experience in qualitative and quantitative methodologies, survey development, IRB application preparation, data management, and project planning from conceptualization, development, implementation, to completion.

vi. Proposed staff/project team demonstrate the ability to train and mentor young researchers from underserved populations to conduct culturally competent research and service to Ghanaian immigrant communities.

Cost/Price Evaluation

i. The Offeror(s) cost/price quote will be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market. In addition, offerors will be evaluated based upon cost/price completeness and accuracy to determine the validity of the price and cost/price risk.

8. Statement of Work

See the Statement of Work (Attachment #1).

ADDENDUM TO FAR CLAUSE 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

The following additional terms and conditions will apply to the resultant contract.

1. Contracting Officer’s Representative (COR)

a. The following Contracting Officer's Representative (COR) will represent the Government for the purpose of this contract:

Name: [To be completed in award document.]

Telephone:

E-mail:

b. The COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this order; and (5) assisting in the resolution of technical problems encountered during performance.

c. The Contracting Officer is the only person with authority to act as agent of the Government under this order. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the Statement of Work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this order; (5) otherwise change any terms and conditions of this order; or (6) sign written licensing agreements.

d. The Government may unilaterally change the COR designation.

2. Key Personnel, HHSAR 352.242-70 (January 2006)

a. The key personnel specified in this order are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this order. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the order to add or delete key personnel at the request of the Contractor or Government. (End of

Clause)

b. The following individual(s) is/are considered to be essential to the work being performed hereunder:

Title Name Proposed Role

Project Manager/Lead TBD Responsible for oversight of tasks, staff, and reporting.

Project/Outreach Coordinator TBD Responsible for coordination of recruitment, listening sessions, and community outreach

Certain skilled experienced professional and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as “Key Personnel” and are those persons whose resumes will be submitted and marked by the vendor as “Key Personnel.” Key personnel shall be identified by name and title/job classification for the role identified in the table below. The Contractor shall identify key personnel in the technical quote as indicated in the instructions to offerors. For positions designated as key personnel, the Contractor shall adhere to HHSAR clause 352.237-75 – Key Personnel.

The Contractor shall obtain COR concurrence on the key personnel replacement prior to submitting to the

CO for official approval. The CO is the final approving official on any changes to key personnel.

At least 20 calendar days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts, the Contractor shall notify the CO and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract. The Contractor shall backfill the key position within 15 calendar days from the key position becoming vacant.

The Contractor shall not divert, replace, nor remove key personnel from their role within the first 90 calendar days from contract award. If the employee of the Contractor is terminated for cause or separates from the Contractor voluntarily with less than 30 calendar days’ notice or within the first 60 calendar days, the Contractor shall provide the maximum notice practicable under the circumstances. The

Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the CO. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

The Contractor shall provide personnel with the management, technical, and subject matter expertise required to accomplish the activities and prepare the deliverables identified in this order.

Key Personnel Substitute

The Contractor shall not remove or replace any management, personnel, consultants, or subcontractors listed or described in the Contractor’s Staffing Plan without notifying and obtaining the written concurrence of the COR. The Contractor’s notification shall be NLT 10 calendar days in advance of any proposed substitution and shall include justification, including resume(s) and labor category of proposed substitution(s), in sufficient detail to permit evaluation of the impact on task order (TO) performance.

Substitute qualifications shall be equal to, or greater than, the qualifications of the personnel being substituted. If the COR determines that the proposed substitute is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work, then the substitute will be denied, and the Contractor will provide another candidate.

All requests for approval of changes hereunder must be in writing, via email, and provide a detailed explanation of the circumstances necessitating the proposed change. Request for changes should be made when the need is identified. In addition to the resume, the request must also include:

• A comparison of skills and qualification of the proposed personnel substitution with those of the incumbent.

• Number of hours the Contractor will provide at his/her own expense to train the proposed replacement.

Any other information requested by the COR to reach a decision.

3. Contractor Performance Assessment Reporting

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. This evaluation shall become a part of the contract file and shall be used as past performance information in evaluating the Contractor’s, and any significant subcontractors’ or affiliates, past performance on future contracts. Contractor Performance Assessment Report System

(CPARS) is an on-line reporting system http://www.cpars.csd.disa.mil/cparsmain.htm. The Contractor

Performance Report is completed by the CO and/or COR electronically and sent to the Contractor for review and approval at the end of each performance period as an interim report and at the end of the contract performance as a final report. After review by the CO, the report becomes a permanent record of the Contractor’s past performance.

Interim evaluations are required 90 days prior to exercising any option periods. The Government will provide and record Past Performance Information utilizing the CPARS. The CPARS allows contractors to view and comment on the Government's evaluation of the contractor's performance before it is finalized.

Once the Contractor’s past performance evaluation is finalized in CPARS it will be transmitted into the

Past Performance Information Retrieval System (PPIRS).

Contractors are required to register in CPARS, so Contractors may review and comment on past performance reports submitted.

Contractors must register at the following websites:

• CPARS: http://www.cpars.csd.disa.mil/

• PPIRS: http://www.ppirs.gov/ http://www.cpars.csd.disa.mil/cparsmain.htm http://www.cpars.csd.disa.mil/ http://www.ppirs.gov/

4. Contractor Employees

The contractor shall ensure that contractor personnel identify themselves as contractors when attending meetings, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts.

5. Government Facilities

Unless directly related to this requirement, the contractor and any employees or consultants of the contractor are prohibited from using U.S. Government facilities (such as office space or equipment) or U.S. Government clerical or technical personnel in the performance of the services not specified herein.

6. Non-Disclosure / Non-Use Agreement

The contractor shall ensure that a Non-Disclosure Statement is signed by all staff assigned to or performing on this contract before performing any work, including all subcontractors and consultants.

The contractor shall also ensure that all staff understand and adhere to the terms of the non-disclosure statement protecting the procurement sensitive information of the Government and the proprietary information of other contractors.

7. Non-Personal Services and Inherently Government Functions

a. Pursuant to FAR 37.1, no personal services shall be performed under this order. All work requirements shall flow only from the Contracting Officer’s Representative (COR) to the

Contractor’s Project Manager. No Contractor employee will be directly supervised by the

Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the

Government and any Contractor employee, the Contractor shall promptly notify the Contracting

Officer of this communication or action.

b. Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this order. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this order, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this order, the Contractor employee shall state that they have no authority to in any way change the order and that if the other contractor believes this communication to be a direction to change their order, they should notify the

Contracting Officer for that order and not carry out the direction until a clarification has been issued by the Contracting Officer.

c. The Contractor shall insure that all of its employees working on this contract are informed of the substance of this article. Nothing in this article shall limit the Government's rights in any way under the other provisions of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this article shall be included in all subcontracts at any tier.

8. Observance of Federal Holidays

a. No services or deliveries shall be performed on Saturdays, Sundays, or Federal holidays as shown below. Government personnel observe the following days as holidays:

New Year’s Day January 1 *

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19*

Independence Day July 4*

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25*

* If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

b. In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Presidential Inauguration Day

• Any other day designated by the President’s Proclamation

c. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation, except as set forth within the order. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

d. When the Federal, State, Local, or other Governmental entity grants excused absence to its employees, the contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and must be guided by the instructions issued by the CO or COR.

e. If Government personnel are unavailable due to furlough or any other reason, the Contractor must contact the CO to receive direction. It is the Government's decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

1. Contractor personnel who are able to continue contract performance (either on-site or at a site other than their normal workstation), must continue to work and the contract price shall not be reduced or increased.

2. Contractor personnel who are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort. This may result in a reduction to the contract price.

9. On-Site Contractor Access to Government Property

The Contractor shall be held responsible for Government Property, regardless of dollar value, when:

• The contract requires contractor personnel to be located on a Government site or installation;

• The property utilized by contractor personnel is incidental to the place of performance;

and,

• The property used by the contractor remains accountable to the Government

Responsibility includes physical presence, proper use and handling, normal maintenance, and reporting loss, damage or destruction. Responsibility for government property shared by two or more contractors or located in space shared by two or more contractors, shall be determined and documented by the contractors involved. In cases where the parties cannot reach agreement on shared responsibility, the matter will be referred to the NIH Property Officer for resolution.

10. FAR 52.242-15 – Stop-Work Order (August 1989) is incorporated by reference.

11. FAR 52.227-14 - Rights in Data-General (May 2014) is incorporated by reference.

12. Invoice Submission

a. Invoice submission procedures will be specified at award.

The following documents are attached to this solicitation:

Attachment 1 – Statement of Work

Attachment 2 - Disclosure of Lobbying Activities, OMB Form SF-LLL http://www.gsa.gov/portal/forms/download/116430

Attachment 3 – FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items

LIST OF ATTACHMENTS

http://www.gsa.gov/portal/forms/download/116430