Solicitation.doc

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10-236-SOL-00010

Table of Contents

4SCHEDULE OF SERVICES

8PROPOSAL SUBMISSION

13FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

16FAR 52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS – COMMERCIAL ITEMS (August 2009)

28FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (April 2010)

36Attachment 1 – Performance Work

44Attachment 2 – HHS-OCIO Standard for Security Configurations

45Attachment 3 – Wage Determination

56Attachment 4 – Past Performance Questionnaire

SCHEDULE OF SERVICES

BASE YEAR

CLIN

1.___________________________________ 2.___________________________________

3.___________________________________

4.___________________________________

5.___________________________________

6.___________________________________ Each task order will be negotiated in terms of hours, number of people, and labor category using the hourly rates established from this solicitation.

Note:If additional space is needed and a separate sheet is submitted please distinguish with the applicable CLIN and Year.

N/A

OPTION YEAR ONE

CLIN

Monthly Service Fee: To include all costs, including training, that is required to monitor and maintain the database as required in the PWS.

1.___________________________________

2.___________________________________

3.___________________________________

4.___________________________________

5.___________________________________

6.___________________________________ Each task order will be negotiated in terms of hours, number of people, and labor category using the hourly rates established from this solicitation.

Note:If additional space is needed and a separate sheet is submitted please distinguish with the applicable CLIN and Year.

N/A

OPTION YEAR TWO

CLIN

Monthly Service Fee: To include all costs, including training, that is required to monitor and maintain the database as required in the PWS.

1.___________________________________

2.___________________________________

3.___________________________________

4.___________________________________

5.___________________________________

6.___________________________________ Each task order will be negotiated in terms of hours, number of people, and labor category using the hourly rates established from this solicitation.

Note:If additional space is needed and a separate sheet is submitted please distinguish with the applicable CLIN and Year.

N/A

OPTION YEAR THREE

CLIN

Monthly Service Fee: To include all costs, including training, that is required to monitor and maintain the database as required in the PWS.

1.___________________________________

2.___________________________________

3.___________________________________

4.___________________________________

5.___________________________________

6.___________________________________ Each task order will be negotiated in terms of hours, number of people, and labor category using the hourly rates established from this solicitation.

Note:If additional space is needed and a separate sheet is submitted please distinguish with the applicable CLIN and Year.

N/A

OPTION YEAR FOUR

CLIN

Monthly Service Fee: To include all costs, including training, that is required to monitor and maintain the database as required in the PWS.

1.___________________________________

2.___________________________________

3.___________________________________

4.___________________________________

5.___________________________________

6.___________________________________ Each task order will be negotiated in terms of hours, number of people, and labor category using the hourly rates established from this solicitation.

Note:If additional space is needed and a separate sheet is submitted please distinguish with the applicable CLIN and Year.

N/A

ADMINISTRATION

ADDRESS OF CORRESPONDENCE

All correspondence except as otherwise specified shall be directed to the following address:

Indian Health Service

12300 Twinbrook Parkway Suite 605

Rockville, MD 20852

Contract No.* Delivery Order No. **

*To be furnished at time of award.

**To be furnished with Individual Delivery Orders

CONTRACT ADMINISTRATION.

The Contracting Officer or his/her authorized representative will administer this contract. Refer inquiries to Stefanie Schmitz, Telephone Number: (301) 443-2242, Email: Stefanie.Schmitz@ihs.gov.

INVOICING AND PAYMENT INFORMATION FOR CONTRACTORS

The Data Universal Numbering Systems (DUNS) number is the primary identifier in Central Contractor Registration (CCR). Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the Indian Health Service. Contractors shall also include its Tax Payer Identification Number (TIN) on each invoice.

FAR 52.233-2 SERVICE OF PROTEST (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Dale Burson, 12300 Twinbrook Parkway, Suite 605, Rockville, MD 20852.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

GOVERNMENT REPRESENTATIVES

(a) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Technical Representative(s), named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price or delivery schedule of the contract. Only the Contracting Officer is authorized to alter the contract in any manner.

CONTRACTING OFFICERS AUTHORITY

The Contractor is hereby notified that the Contracting Officer (CO) is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely within the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

WAGE DETERMINATION APPLICABLE, SERVICE CONTRACT ACT

An attachment hereto sets forth the applicable Service Contract Act Wage Determination by the Secretary of Labor.

PROPOSAL SUBMISSION

In order to provide all necessary information for a comprehensive evaluation, the contractor’s proposal shall be submitted in two volumes as follows:

Volume I (Original and four copies)

(1) TECHNICAL CAPABILITY – Technical Capability shall be made up of the following subfactors:

· Technical Description - Provide a description of your proposed approach for data system replacement and related services. Your description must demonstrate how your services would meet IHS’s objectives described in the performance work statement (Attachment 1). Your narrative must include the following: the name of the COTS system being proposed as well as a technical description of its general salient functional and performance characteristics, a description of your project management approach and plan that identifies and defines methods that you will use for the management and execution of your services. Include the approach to planning for start-up and implementation of data system, the approach to providing training sessions on the use of the new system, a plan for enhansements and routine maintenance and your methodology for managing anticipated and unanticipated workload variances, and a detailed management approach to error resolution. Also discussed should be any potential problem areas, and creativity and feasibility of solutions to problems; and discussion of schedule and any other issues about which the Government should be aware.

· Key Personnel - Resumes should be submitted for all Key Personnel that will work on this contract.

These resumes should address qualifications to address of tasks in the Statement of Work. The level of responsibility and degree of supervision proposed for these individuals shall also be addressed. Each resume shall be limited to two (2) pages and shall provide the following information:

a) Name, years of experience, training, unique or special qualifications, positions held, and tenure.

b) Degrees held and/or other pertinent education. Include date(s), degree(s), and identify the respective college or university from which the degree(s) were received.

c) Work history as it relates to the SOW task(s) to be assigned to that individual.

d) Show the connection between individual work histories and the past performance information presented by the Offeror and all team members in the Past Performance Section of this volume.

e) Successful accomplishment of challenging tasks relevant to their work assignments.

· Quality Assurance - Provide the quality assurance plan that will be utilized for the activities described in the PWS. Your quality assurance plans should provide a detailed description of the processes established to assure the accuracy and safety of all data

· System Usability – Oral/WebEx Presentation. After review of proposals, those offerors found to be within the competitive range will be contacted to provide a WebEx presentation demonstrating the system usability of the COTS system. No submission for this item is required for the initial proposal. The Government will contact the offeror to set up a date and time for the presentation.

(2) ACCESSABILITY/AVAILABILITY - Proposals shall describe the plan for the availability and accessibility of maintenance and support staff to the IHS data systems managers and IT support staff. Provide core hours that personnel will be available and describe what forms of communication will be utilized.

(3) EXPERIENCE – Provide a narrative of the years of experience in information systems development and maintenance, including geographic systems, web services, and the types of clients being supported. Include the number of information system clients currently supported and the number of unique information systems currently supported.

(4) PAST PERFORMANCE - Provide a minimum of three past performance reference for substantially similar work performed within the past three years. If no similar contracts have been performed in the last three years submit any contracts of similar complexity and value. Failure to provide past performance information will allow the IHS to consider the proposal as unacceptable and eliminate it from consideration. At the very minimum the following must be provided:

1. Name and address of the reference company

2. Point of contact

3. Telephone number, fax number, and email address

4. Contract number or reference number.

5. A complete description of the work that was performed The questionnaire at Attachment 3 will be used to evaluate the contractor’s past performance. Attachment 3 Relevant Past Performance Questionnaire is to be forwarded by the offeror to your reference, completed by your references, and returned by your references to the Contract Specialist by June 4, 2010. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments, and commercial customers.

If available, please also provide the report from one of the following:

Past Performance Information Retrieval System (PPIRS)

Contractor Performance System (CPS)

Past Performance Information Management System (pPIMS)

Contractor Performance Assessment Reporting System (CP ARS)

Past Performance Data Base (PPDB) Volume II (Original and one copy)

(5) PRICE – Offeror shall ensure that the pricing is provided for all items and that their representations and certifications are complete. The entire completed and signed solicitation shall be returned as part of your offer.

IMPORTANT NOTICE TO OFFERORS:

1. All questions regarding this solicitation should be submitted in writing to Stefanie Schmitz at email address: Stefanie.Schmitz@ihs.gov.

2. Proposals may be mailed or hand carried to: 12300 Twinbrook Parkway, Suite 605, Rockville, MD 20852. It is the contractor’s responsibility to verify receipt of proposal.

3. The offeror is responsible for all proposal costs. No proposal costs shall be paid by this agency. Proposals will not be returned.

DELIVERY VIA OVERNIGHT CARRIERS

For proposals delivered via Overnight Carriers (e.g., Federal Express, DHL) the offeror must specifically request that the carrier, upon his arrival at IHS building, request permission to delivery the Proposal/Amendment(s) directly to the addressee.

Addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERICAL ITEMS (JUNE 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 appear in Block 10 of the solicitation cover sheet (SF 1449). 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 may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. 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 1449, 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 30 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 preaward 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. If no time is specified in the solicitation, the time for receipt is 4:30 p.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 electronic commerce 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 proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint.

(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)

FAR 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:

(1) TECHNICAL CAPABILITY Subfactors under Technical Capability are of equal importance.

· Technical Description - Proposals will be evaluated on the general project approach. Failure to provide the name of the COTS system being proposed will result in proposal being eliminated from further consideration. The offeror’s responses to project approach will be evaluated to determine the offeror’s capability in performing the system development and maintenance tasks. The government will evaluate responses to determine if the offeror understands the scope of the work required, understands the processes necessary for accomplishing the work, and review of any innovation shown in planned execution of the work.

· Key Personnel - Proposals will be evaluated on the demonstrated experience of the principal participants with emphasis on knowledge, skills and abilities with the type of software and systems the work is intended to support and maintain. Evaluations will consider documentation demonstrating appropriate degrees, work history that demonstrates work related to the PWS, the connection of individual work histories to past performance and any relevant accomplishments in previous projects.

· Quality Assurance - Proposals will be evaluated on the QA procedures, quality control (QC) activities, and other technical activities that will be implemented. Additionally, evaluations will consider data protection and user account management.

· System Usability – Oral/WebEx Presentation. Proposals will be evaluated on the extent that the offeror demonstrated the usability of the system from the end-users point of view including documentation and the flexability of the system to meet DEHS needs. Only those offerors in the competitive range will be contacted for presentations. This item will not be evaluated during initial proposals.

(2) ACCESSABILITY/AVAILABILITY - Proposals will be evaluated on the availability and accessibility of maintenance and support staff to the IHS data systems managers and IT support staff. Evaluations will consider core hours the principal participants will be available and on demonstrated ability to provide technology support via telephone during routine work hours in the United States. Evaluations will also consider demonstrated ability to effectively work remotely with information technology personnel, ability to respond to unusual and emergent issues during non-routine hours, and willingness to travel to OEHE sites.

(3) EXPERIENCE – Proposals will be evaluated on the number of years of experience the company has in information systems development and maintenance, including geographic systems and web services , number of information systems clients currently supported, number of unique information systems currently supported, number of years experience in software development and support of information systems designed to manage environmental health data for federal, state, or city/borough/municipal government or other public sector entities. The minimum company experience requirement is 5 years of web based applications used by Environmental Health Departments for inspection data storage and management. Federal work experience is preferred. Work specific to indigenous populations is preferred with a higher preference for work with federally recognized American Indian/Alaska Native and/or IHS.

(4) PAST PERFORMANCE - Evaluation of past experience is a subjective assessment based on consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptability. When assessing the quality of the offeror’s past performance, the Government will seek to determine whether the Offeror has consistently demonstrated a business-like concern for customer satisfaction. This is a matter of judgment.

NOTE: The government may use past performance information obtained from other than the sources identified by the offeror. Any information obtained will be used for both a responsibility determination and for the purposes of evaluation. A past performance questionnaire will be used to collect this information. References, other than those identified by the offeror, maybe contacted by the Government with the information received and used in the evaluation of the offeror's past performance or whom information on past performance is not available past performance. Also, in case of any offeror without a record of relevant, the offeror may not be evaluated favorably or unfavorably on past performance.

(5) PRICE – The prices for each item will be added together to arrive at a total evaluated price. Each Offeror's price will be evaluated for reasonableness as compared to Independent Government Estimate (IGE), prices proposed by other offerors, and/or other cost/price estimates for similar requirements. Although price is the least important factor, it may be used as a determinative factor if offers (2 or more) are evaluated as equal in all other criteria.

Technical, accessability, past performance, and experience when combined, are more important than price. Trade off procedures in FAR 15.101-1 will be used.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options, with the exception of CLIN’s 0003 & 1002-4002, 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.

EVALUATION OF OFFER

1. The services being acquired herein are determined to be commercial by the Contracting Officer. Specifically, unless otherwise stated, the Solicitation, Evaluation, and Award procedures of FAR 15 are being used for this acquisition.

2. The Government reserves the right to make an award to other than the lowest-priced Offeror or to the Offeror with the highest technical rating if the contracting officer determines that to do so would result in the best value to the Government.

3. Unless all offers are rejected, award shall be made on a best value basis to the responsible offeror whose offer, conforming to the solicitation, will be the most advantageous to the Government, Technical Capability (Project Approach, Key Personnel, and Quality Assurance), Accesability/Availability, Past Performance, Experience and Price being considered. .

AWARD SHALL BE MADE ON AN ALL OR NONE BASIS

FAR 52.214-16 MINIMUM BID ACCEPTACE PERIOD (APR 1984)

(a) “Acceptance period,” as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of proposals.

(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The Government requires a minimum acceptance period of 90 calendar days.

(d) In the space provided immediately below, offeror may specify a longer acceptance period than the Government’s minimum requirement.

The offeror allows the following acceptance period: ______________ calendar days.

(e) A proposal allowing less than the Government’s minimum acceptance period may be rejected.

(f) The offeror agrees to execute all that it has undertaken to do, in compliance with its proposal, if that proposal is accepted in writing within –

(1) The acceptance period stated in paragraph (c) of this clause; or

(2) Any longer acceptance period stated in paragraph (d) of this clause.

(End of provision)

POST AWARD CONFERENCE

A Post Award Conference (PAC) may be held after the contract is awarded. The Contracting Officer will decide the time and location of the conference. The PAC is an excellent opportunity for the IHS and the Contractor Representatives to meet and discuss the contract prior to the start of performance and the purpose of this meeting is NOT TO CHANGE THE CONTRACT. At the PAC we may discuss the contract in great detail including the specification, review the milestones, quality assurance, any Government Furnished Property and any areas of concern to ensure the IHS's requirements are met. After the conclusion of the PAC a summary report will be prepared and provided to all parties that attended.

CONTRACTOR’S KEY PERSONNEL

(a) In order to ensure a smooth and orderly start up of work, it is essential that the key personnel specified in the Contractor's proposal be available on the effective date of the contract. If these personnel are not made available at that time, the Contractor must notify the Government Contracting Officer and show cause. If the

Contractor does not show cause, the Contractor may be subject to default action.

(b) The Contractor shall not of its own will remove or replace any personnel designated as "key" personnel without the written concurrence of the cognizant Contracting Officer. Prior to utilizing employees other than specified personnel, the Contractor shall notify the Government Contracting Officer and the COTR. This notification must be no later than five (5) calendar days in advance of any proposed substitution and must include justification (including resume(s) of proposed substitution(s)) in sufficient detail to permit evaluation of the impact on contract performance.

(c) Substitute personnel qualifications must be equal to, or greater than, those of the personnel being substituted. If the Government Contracting Officer and the COTR determine that the proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the contract, the Contractor may be subject to default action. If deemed necessary by the Government, substitute personnel must be given a one-(1) day orientation by Contractor personnel at no additional cost to the Government and with no change in schedule.

(d) In the event that the performance of assigned Contractor personnel or any substitute(s) is determined by the Government to be unsatisfactory at any time during the life of the Contract, the Government reserves the right to request and receive satisfactory personnel replacement within five (5) calendar days of receipt by the Contractor of written notification. Notification will include the reason for requesting replacement personnel.

(e) The Contractor-supplied personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed herein. The Contractor must select, supervise, and exercise control and direction over its employees (including subcontractors) under this Contract. The Government shall not exercise any supervision or control over the Contractor in its performance of contractual services under this contract. The Contractor is accountable to the Government for the action of its personnel.

FAR 52.252-1 PROVISION INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

HHSAR 352-239-73

Electronic Information and Technology Accessibility (Oct 2009)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were giving in full text. To review the following clauses in full text please go to www.arnet.gov/far and http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0378.xml.

FAR 52.203-3

Gratuities

(Apr 1984)

FAR 52.203-12

Limitation on Payment to influence Certain Federal (Sept 2007)

Transactions

FAR 52.209-6

Protecting the Governments Interest when

(Sept 2006)

Subcontracting with Contractors Debarred, Suspended, Or Proposed for Debarment.

FAR 52.212-4

Contract Terms and Conditions – Commercial Items (Mar 2009)

FAR 52.223-6

Drug-Free Workplace

(May 2001)

FAR 52.242-13

Bankruptcy

(July 1995)

FAR 52.242-15

Stop-Work Order

(Aug 1989)

FAR 52.244-5

Competition in Subcontracting

(Dec 1996)

FAR 52.247-34

F.o.b. Destination

(Nov 1991)

HHSAR 352-201-70

Paperwork Reduction Act

(Jan 2006)

HHSAR 352.202-1

Definitions

HHSAR 352-203-70

Anti-Lobbying

HHSAR 352.222-70

Contractor Cooperation in Equal Employment

Opportunity Investigations

(Oct 2009)

HHSAR 352-224-70

Privacy Act

HHSAR 352.231-71

Pricing of Adjustments

(Jan 2001)

HHSAR 352.239-70

Standard for Security Configurations

(Oct 2009)

HHSAR 352.239-72

Security Requirements for Federal Information

Technology Resources

(Oct 2009)

HHSAR 352-242-70

Key Personnel

HHSAR 352-270-1

Accessibility of Meetings, Conferences, and Seminars

To Persons with Disabilities

(Jan 2001)

HHSAR 352.270-2

Indian Preference

(Apr 1984) FAR 52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS – COMMERCIAL ITEMS (August 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…