EHB RFP_12-250-SOL-00034.pdf

Date: July 6, 2012

You are invited to submit a proposal in accordance with the requirements of FAR Part 15 and the requirements of this solicitation # 12-250-SOL-00034. This requirement is to provide customer support for the Electronic Handbooks (EHBs) and provide support for a variety of development, maintenance and enhancement efforts that enable HRSA to better utilize EHBs or integrating EHBs with existing HHS systems. The NAICS code for this requirement is 541519. The period of performance is 12 months plus four (4) 12-month option years. This is a partial small business set aside.

Questions or issues for which you require clarification or correction by the Government must be furnished electronically to dtrejo@hrsa.gov. In order to allow a reply to be provided to all prospective Offerors before submission of their technical proposal, your questions must be received no later than 4:00 pm Eastern Standard Time (EST) on July 13, 2012 via email at dtrejo@hrsa.gov . Questions received after the due date and time will not be considered. No Exceptions.

One original and nine (9) copies of your proposal shall be received by the Contract Specialist as soon as possible, but no later than August 6, 2012 at 10:00 am EST at the following address:

Department of Health and Human Services Health Resources and Services Administration Division of Contract Services for Maternal and Child Health Bureau and Administration Support Offices Parklawn Building 5600 Fishers Lane, Room 13A-43 Rockville, Maryland 20857 Attn: David Trejo

RFP #:12-250-SOL-00034

Your RFP shall be prepared in accordance with Sections L and M and the "Statement of Work". This RFP does not commit the Government to pay any costs for the preparation and submission of a proposal nor does it commit the Government to make an award.

DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service

Health Resources and Services

Administration

Office of Acquisition and Management

Policy

5600 Fishers Lane, Room 13A-55

Rockville, MD 20857

It is also brought to your attention that the Contracting Officer is the only individual who can legally commit the Government to expenditure of public funds in connection with this proposed acquisition.

Your proposal must provide a contact name and number, your company name and complete address, including street, city, county, state, zip code, e-mail address, Tax Identification Number (TIN), and Dun & Bradstreet Number (DUNS). The TIN must match the name of the vendor to whom the payments will be made. Please note that FAR 52.204-6 Contractor Identification Number Data Universal System (DUNS Number) and 52.204-7 Central Contractor Registration (CCR) requires any prospective awardee to have a DUNS number and be registered in the CCR database prior to award, during performance, and through final payment of any award resulting from this solicitation.

If you do not have a DUNS number, please contact Dun and Bradstreet by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com. If you are not registered in the CCR you may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-866-606-8220.

Requests for additional information concerning this RFP should be referred to David Trejo at dtrejo@hrsa.gov or (301) 443-6508.

Sincerely yours, David Trejo

Contract Specialist

NOTICE: ACCESS TO PARKLAWN BUILDING

The Parklawn Building is a controlled access building; therefore you should allow ample time for visitor access. It is your responsibility to ensure that proposals are delivered by the due date and time, and specific place (Room 13A-43) required in the solicitation. Please be advised that late proposals will not be excused due to increased security measures. Offerors delivering boxes of proposals must use the delivery entrance located on the loading dock, which is accessible from Parklawn Drive. All packages will be x-rayed by a security guard. Visitors will be required to provide photo identification and provide a name and telephone number of the individual being visited, (in this case, David Trejo at 301-443-0534 or 301-443-7649). Boxes of proposals should not be left on the loading dock.

http://www.dnb.com/

SECTION A

Table of Contents

SECTION DESCRIPTION PAGE

A Standard Form

B Supplies or Services and Prices/Costs 4

C Description/Specifications/ Statement of Work 10

D Packing and Marking 11

E Inspection and Acceptance 12

F Deliveries or Performance 17

G Contract Administration Data 19

H Special Contract Requirements 26

I Contract Clauses 37

J List of Attachments 63

K Representations, Certifications and Other 64

Statements of Offerors or Respondents

L Instructions, Conditions and Notices to Offerors 68

M Evaluation Criteria 91

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Brief Description of Supplies or Services

This Indefinite-Delivery-Indefinite-Quantity (IDIQ) requirement is to provide support for a variety of development, maintenance and enhancement efforts that enable HRSA to better utilize Electronic Handbooks (EHBs) by integrating new business processes into the EHBs or integrating EHBs with existing HHS systems. This IDIQ will also provide customer support, training, independent validation and verification, and business requirements documentation.

Tasks orders issued under this IDIQ will fall in Domain One, Domain Two or both.

B.2 Consideration and Payment

Individual task orders may be awarded on a cost reimbursement, firm fixed price, labor hours, and time and material basis. Task orders will be fully funded and/or contain options.

The Government guarantees one task order award, or a minimum of $3,000, during the life of the contract. The total cost of all task orders awarded during the contract period shall not exceed $20 million each year active of the five (5) contract years, or $50 million for the entire life of the contract.

The number of hours per labor category, other direct costs, travel costs and fee shall be negotiated on a per task order basis.

The contractor will be reimbursed in accordance with Section B of each Task Order for satisfactory performance of the work.

In accordance with the requirements stated in the contract, and in consideration of the satisfactory performance of the work performed in Section C, the contractor shall be reimbursed on a cost-reimbursement basis, a firm-fixed-price basis, or a combination of both. Contracts may also be issued on a performance-based-service basis. Each contract awarded under the contract shall include one or more of the labor categories in Section B.2., and under a cost reimbursement type of award, the contractor shall be reimbursed for costs incurred for labor based on the unloaded hourly rates proposed in their contract cost proposal. Proposed labor rates for specific contracts shall not exceed the maximum rates set forth in B.2., below. All other direct costs, e.g., travel, supplies, etc., shall also be reimbursed in accordance with individual cost proposals received under contracts and the requirements stated in the contract.

B.3 Proposed Labor Rates–Maximum Unloaded Hourly Rates by Labor Classification

The rates specified below are ceiling rates and shall not be exceeded for any reason. For task orders whose period of performance extends beyond the base contract period of five years, the Contractor shall use the same escalation rate used to escalate rates for years two through five.

Domain 1

Proposed Labor Categories

Base Year 1 Year 2 Year 3 Year 4

Senior Program Manager

Program Manager

Senior Project Manager

Project Manager

Junior Project Manager

Program Coordinator

Program Control Analyst

PMO Manager

QA Manager

QA Analyst

Senior Business Analyst

Business Analyst

Junior Business Analyst

Senior Software Engineer

Software Engineer

Junior Software Engineer

Principal Engineer

Senior Test Engineer

Test Engineer

Junior Test Engineer

Senior Database Administrator

Database Administrator

Junior Database Administrator

Senior Database Programmer

Database Programmer

Junior Database Programmer

Database Manager

Operations Manager

Systems Administrator

Senior Systems Engineer

Systems Engineer

Junior Systems Engineer

Senior Configuration Management Specialist

Configuration Management Specialist

Junior Configuration Management Specialist

Senior Technical Writer

Technical Writer

Domain 2

Proposed Labor

Categories Base Year 1 Year 2 Year 3 Year 4

Senior Technical Trainer

Technical Trainer

Customer Support Manager

Senior Customer Support

Customer Support Specialist

Jr. Customer Support

Application Programmer

Jr . Application Programmer

Data Analyst

Junior Data Analyst

Security Manager

Web Architect

Web Designer

Enterprise Architect

Technical Architect

Junior Technical Architect

Management Analyst

Junior Management Analyst

Subject Matter Expert

B.4 Negotiated Indirect Rates

Pursuant to the provisions of FAR 52.216-7–Allowable Cost and Payment, indirect costs under this contract shall be obtained by applying the final rate or rates negotiated, subject to the approval of the Contracting Officer. Reimbursement for indirect costs shall be made on the basis of the following rates or on the most current approved rate under the latest negotiated indirect cost rate agreement (NIRCA) that does not exceed the ceiling rates below:

Item Provisional Rate Ceiling Rate

Base *

*The costs on which the indirect rate is applied shall be specified as the base.

The NIRCA ceilings shall be applicable throughout the life of the contract and shall not be exceeded for any reason.

It is further agreed that, unless the prior approval of the Contracting Officer is obtained, the Contractor shall not change its methods of accounting under this contract in such a manner as to account for any item of cost on a direct-cost basis if such item of cost was previously considered as an indirect charge.

B.5 Fee

The Contractor shall not exceed the following ceiling rates:

Ceiling Fixed Fee for Prime Contractor (%) $____/Subcontractors (%) $___

Ceiling Fixed Fee applied by Prime Contractor on Subcontracts (%)___

Ceiling Fee for T&M/Labor Hour type contracts (%)___

Ceiling Fee for Firm Fixed Price contracts (%) ___

B.6 Cost Reimbursable Contract

If a cost-reimbursement type task order is issued, the following provisions apply:

A. Direct Costs

If a cost-reimbursement type task order is awarded, the contractor shall be reimbursed for all costs described below, incurred directly and specifically in the performance of the contract, claimed by the contractor and accepted by the Contracting Officer:

1. Salaries and wages of the contractor’s employees directly employed in performing the work required by the contract. Related fringe benefits if treated as a direct cost; otherwise, fringe benefits may be claimed as part of indirect costs below.

2. Materials and services required in the performance of the contract, after deducting all discounts for the purchase of such materials and services.

3. Consultant fees or other payments to consultants required in the performance of the contract, provided, that such fees or payments shall not exceed the daily rate of $550-600/day, exclusive of travel costs without the written approval of the Contracting Officer.

4. Travel and subsistence expenses exclusively in direct performance of the contract. The contractor shall be reimbursed for transportation costs and travel allowances in accordance with the established policy of the contractor, but subject to the following limitations:

(a) Such transportation cost shall not be reimbursed in an amount greater than the cost of first class rail or of economy air travel, unless economy air travel and economy air travel space are not available and the contractor certifies to the facts in the voucher or other documents submitted for reimbursement. Travel allowances for per diem shall be reimbursed in accordance with the contractor’s established policy, but in no event shall such allowances exceed the prevailing Government rate except within the corporate limits of those cities and other specified areas where higher ceiling rates have been established by the General Services Administration (GSA) for Civil Service employees in travel status.

(b) The contractor shall be reimbursed for the cost of travel performed by its personnel in their privately owned automobile at the prevailing Government rate set by the Federal Travel Regulations, not to exceed the cost by the most direct economy air route between the points so traveled. If more than one person travels in such automobile, no additional charge shall be made by the contractor for such travel between such points.

B. Allowable Costs

Costs shall be determined by the Contracting Officer to be allowable in accordance with FAR 52.216- 7, Allowable Cost and Payment (APR 1998) of the General Provisions and provisions of this Article.

The fixed fee shall be payable in monthly installments in accordance with FAR 52.216-8 of the General Provisions upon determination by the Contracting Officer that the performance was satisfactory.

C. Prior Authorization of Certain Direct Costs

Subcontracts and Purchase Orders:

1. Requirements for purchase orders and subcontracts are governed by FAR 52.244-2, Subcontracts

(AUG 1998) of the General Provisions except as may be indicated herein.

2. The Contractor shall not incur any of the following costs without the prior written approval of the Contracting Officer. Incurrence of such costs with the intent of claiming reimbursement as direct costs under this contract shall be at the Contractor’s own risk:

a. Purchase or rental of any item of equipment, including furniture or office equipment, regardless of cost;

b. Any rental agreement for real or personal property, or any term contract for maintenance;

c. Travel for general scientific meetings; and

d. Rearrangement, alternation or relocation of facilities.

D. Fee

Fee shall be negotiated per individual task order.

B.7 Contract Task Orders

Individual task orders will be issued as requirements occur. Task orders will specify work to be performed and will reflect the labor rates of the proposed staff in effect when the task order is issued.

The terms and conditions set forth in the contract will always apply. The pricing arrangement, the cost or price, and the period of performance will be established for each task order. The period of performance of a task order may extend past the IDIQ contract’s expiration date. Outstanding task orders will be performed at the rates/pricing which correlates to applicable contract period(s) in effect for their duration. For those domains with large and small business areas, the decision will be made depending on the project to issue the task order under the large business area; issue the task order under the small business area; or issue the task order under both the large and small business area.

SECTION C – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK

C.1 Statement of Work

Independently and not as an agent of the Government, the Contractor shall furnish all personnel, material, facilities, services, and equipment as needed to perform the Statement of Work set forth in Section J (Attachment A ) attached hereto and made part of this document.

C.2 Incorporation of Contractor’s Proposal

It is understood and agreed that the Contractor shall, in meeting the requirements of this contract, perform the work in accordance with the Contractor’s proposal to the Health Resources and Services Administration for customer support for the Electronic Handbooks (EHBs) and provide support for a variety of development, maintenance and enhancement efforts that enable HRSA to better utilize

EHBs or integrating EHBs with existing HHS systems. originally dated ______________ and revised ___________, provided however, that to the extent that any provisions of the articles of this contract are in conflict or inconsistent with any provisions of said proposal, the provisions of the articles of this contract shall control and shall supersede the provisions of said proposal.

SECTION D – PACKAGING AND MARKING

D.1 Packaging

All postage and fees related to submitting information including forms, reports, etc. to the Contracting Officer or Contracting Officer Technical Representative (COTR) are the responsibility of the contractor. All submission shall be made via electronic mail unless otherwise specified by the CO or the COTR designated in the Task Order.

D.2 Marking

Packages shall be clearly marked in accordance with normal commercial practices to ensure safe delivery at destination. In addition, all packages, emails, shall be marked as follows:

1. Name of Contractor;

2. Contract Number;

3. Task Order Number;

4. Description of items contained therein;

5. Consignee's name and address.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance

The Contracting Officer’s Representative (COR), as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor’s performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables. Each task order issued under this contract will provide the COR’s contact information.

E.2 Inspection

52.246-5 Inspection of Services—Cost-Reimbursement (APR 1984)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services performed do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may:

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may–

(1) By contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances; or

(2) Terminate the contract for default.

52.246-4 Inspection of Services—Fixed-Price (Aug 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

52.246-6 Inspection—Time-and-Material and Labor-Hour (May 2001)

(a) Definitions. As used in this clause— “Contractor’s managerial personnel” means any of the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of—

(1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operation at any one plant or separate location where the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

“Materials” includes data when the contract does not include the Warranty of Data clause.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(ii) Terminate this contract for default.

(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) of this clause, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or

(2) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(k) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

E.3 Inspection

Specific performance measures shall be applied to the logistics/conference support services. Section J, Attachment B for the “Sample Task Order Surveillance Plan” which contains: (1) performance requirements/tasks for both the logistics/conference support and manages/staff meetings; (2) standard and acceptable quality level; (3) performance measures; and (4) incentive (award fee).

Section J, Attachment C is a sample for the “Sample Conference/Review Participant Evaluation”.

1. Standards: The performance standards for each task order shall be specified in the request for task order proposal (RFTOP).

2. Quality Assurance and Method of Surveillance: In accordance with FAR 52.246-5, Inspection of Services-Cost Reimbursement (APR 1984), 52.246-4 Inspection of Services—Fixed-Price (Aug 1996), 52.246-6 Inspection—Time-and-Material and Labor-Hour (May 2001), the Contractor’s performance will be monitored by the Project Officer (PO). The PO shall prepare a report at the conclusion of the task order which shall rate the Contractor’s performance on each performance requirement.

3. Acceptable Quality Level: All performance requirements shall be delivered on time as scheduled in the task order and shall include all elements described in the requirement.

4. Incentives: If the Contractor meets all standards for all performance requirements/elements (100%), the Contractor shall receive a ration of Superior. If the Contractor meets 50% of the requirements/elements, the Contractor shall receive a rating of Excellent. If the Contractor meets less than 50% of the performance requirements/elements, the Contractor shall receive a rating of average.

5. Contractor Past Performance: Annually, and at contract conclusion, the Contractor’s overall past performance shall be reviewed. The Contractor’s Performance Report (Section J, Attachment C) will be used for this evaluation. The Contractor’s shall have an opportunity to review and provide comments on the report performance ratings.

SECTION F – DELVERIES OR PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

The 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. In addition, the full text of a clause may be accessed electronically at www.arnet.gov/far.

F.2 FAR 52.242-15 Stop-Work Order (AUG 1989)—Alternate I (APR 1984)

F.3 Observance of Federal Holidays

No services or deliveries shall be performed on Saturdays, Sundays or Federal legal holidays, any other holiday set forth by Presidential Executive Order, or any other Government closures.

Official Holidays New Year’s Day January 1st Martin Luther King’s Birthday 3rd Monday in January Inauguration Day January 20th Presidents’ Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans’ Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

F.4 Period of Performance

The period of performance shall be a base period of 12 months with four (4) 12-month option periods. The period of performance under this contract shall commence with the effective date of the contract (EDOC).

F.5 Articles or Services to be Furnished

1. All reports, processes, and product deliverables are subject to approval of the Contracting Officer

Representative (COR).

2. All reports and documents shall have, at a minimum in the document header, the contract number, and the COR’s name. All reports and documents shall have, at a minimum in the document footer, the author in the lower left corner, the page # of total # of pages in the center bottom of the page, and the date and /or version of the document (not the auto date) in the lower right corner.

F.6 Schedule of Deliverables (sample)

The Contractor shall submit all items in the quantities and by the dates indicated to the COR.

Task Description Quantity Date

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Designation of Contracting Officer Representative (COR)

The person identified below is hereby designated as the Contracting Officer Representative (COR) for this contract. The responsibility of the COR is to ensure that the Government’s technical objectives are met. To this end, the COR will provide necessary information, direction, coordination, etc., within the contractual work description. Issuance of changes which affect the articles, terms, or conditions of this contract will be accomplished through the Contracting Officer who is the only party authorized to bind the Government to contract:

(Name) Health Resources and Services Administration (Office/Division) 5600 Fishers Lane, Parklawn Building, Room _____ Rockville, Maryland 20857 Phone Number: __________ Fax Number: ____________ Email: ________________

G.2 Contracting Officer’s Representative’s Responsibility

Technical Direction – The COR will provide the necessary information, direction, and coordination within the confines of the existing contractual work description in order for the contract to have a successful outcome for the Government.

This includes providing technical direction to the Contractor to guide the contract effort in order to accomplish the contractual statement of work. This may include providing information to the Contractor for assistance in the interpretation of government provided information, specifications or technical portions of the work description, and where required by the contract, review and approval of product deliverables of the Contractor to the Government under the contract.

Contract Progress and Performance Management – The COR should prepare a performance report semiannually on the contractor’s performance on this Contract. The minimal requirement is an annual performance report. Performance reporting on this Contract follows established government guidelines and is submitted to the Contractor and Contracting Officer with supporting documentation.

G.3 Restrictions on the Contracting Officer’s Representative’s Authority

Direction given by the COR to the Contractor must be within the parameters of the Statement of Work as stated in the Contract.

The COR may not issue any direction to the Contractor that:

1. Solicits a proposal, OR

2. Constitutes an assignment of additional work outside the Statement of Work of this Contract, OR

3. In any manner causes an increase in the total contract cost or the time required for contract performance, OR

4. Changes any of the express terms, conditions, or specifications of the Contract (i.e., changes in the price or scope of work, instructions to start or stop work, approval of any actions that will result in additional charges to the government).

Issuance of changes that affect the articles, terms, or conditions of this Contract will be accomplished through the Contracting Officer, who is the only party authorized to bind the Government to contract and the only party who can determine if a direction is within the Statement of Work.

G.4 Key Personnel

Pursuant to the Key Personnel clause (HHSAR 352.242-70) referenced in SECTION I of this contract, the following individual(s) is (are) designated as Key Personnel and considered to be essential to the work being performed under this contract:

Title Name

(To be completed at time of award)

Contact Information for key personnel:

(Name)

(Addess) Phone Number: __________

Fax Number: ____________ Email: ________________

The person(s) identified as the _________________ shall direct the necessary work and services toward fulfillment of the contractual requirements. Prior to removing, replacing, or diverting the specified individual(s), the Contractor shall notify the Contracting Officer in writing and reasonably in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer, provided that the Contracting Officer may ratify in writing changes made due to events beyond the control of the Contractor, and such ratification shall constitute the consent of the Contracting Officer required by this clause. Examples of events beyond the control of the Contractor are: (1) prolonged sickness, (2) termination of employment, and (3) death. Key personnel, with the consent of the Contracting Officer, may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

G.5 Submission of Invoices and Place of Payment

1. The Contactor shall submit monthly invoices/vouchers in Microsoft word or PDF format to hrsainvoices@hrsa.gov

2. For inquiries regarding payment, call Accounts Payable Section at (301) 443-3020.

3. For inquiries regarding receiving, inspection and acceptance, rejections, or technical issues, call your COR.

4. The Contractor agrees to include with each invoice, and comply with, the Billing Instructions, Section J, Attachment B, and to include the following information on its invoice/voucher:

• Name and address of the Contractor same as on the contract;

• DUNS number;

• Invoice or voucher number;

• Invoice or voucher date;

• Dollar amount;

• Contract number ______; order number _____; Date of Delivery or Service;

• Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed; and

• Name and complete mailing address where payment is sent.

INVOICES WITHOUT ALL REQUIRED INFORMATION WILL BE DENIED

UNTIL THE PROPER INFORMATION IS SUBMITTED.

5. Payment shall be made by:

PSC/Financial Management Service DFO Accounting Operations, Suite 200 12501 Ardennes Avenue Rockville, MD 20857 Telephone: 301-443-3020 Fax: 301-443-0562

G.6 Electronic Funds Transfer

In accordance with FAR 52.204-7 Central Contractor Registration (FEB 2012), the Contractor shall designate a financial institution for receipt of electronic funds transfer payments. This designation shall be submitted in writing to the finance office set forth in Section G.5.5.

mailto:hrsainvoices@hrsa.gov

G.7 Evaluation of Contractor’s Performance evaluation of Contractor performance shall be conducted on this contract in Interim and final evaluation of Contractor performance on this contract shall be conducted in accordance with FAR Subpart 42.15, and HHSAR 342.7001(d). Upon contract completion, a final evaluation of the Contractor’s performance shall be completed by the Government; see Section J, List of Attachments.

The Government will conduct an evaluation of Contractor’s performance based on the completion of the tasks stated in the SOW. HRSA documents contractor performance using the Contractor Performance Assessment Rating System (CPARS) (www.cpars.gov). The evaluation shall be conducted by the COR and be comprised of an evaluation of contractor performance completed by the Contractor and Federal staff, and a review of progress reports and financial reports.

G.8 Provisions Applicable to Direct Costs

Notwithstanding FAR 52.216-7, Allowable Cost and Payment and FAR 52.244-2, Subcontracts, unless otherwise expressly provided elsewhere in the contract or in any modification thereto, the cost of the following items or activities shall be unallowable as direct costs:

a. Acquisition by purchase or lease, of any interest in real property;

b. Special rearrangement or alteration of facilities;

c. Purchase or lease of any item of general purpose, office furniture or equipment;

d. Travel to foreign countries.

G.9 Minimum Cost Information for Cost Reimbursement Contracts

The Contractor shall provide a summary page showing the cost breakdown by element. The Contractor shall also provide a cost breakdown by element by task. The following minimum information in support of costs submitted:

(a) Direct Labor–include all persons, listing the person’s name, title, number of hours worked, hourly rate, the total cost per person and a total amount for this category;

(b) Fringe Costs–show rate, base and total amount;

(c) Overhead or Indirect Costs–show rate, base and total amount;

(d) Consultants–include the name, number of days or hours worked, daily or hourly rate, a total amount per consultant and a total amount for this category;

(e) Travel–include for each airplane or train trip taken the name of the traveler, date of travel, destination, the transportation costs include ground transportation shown separately and the per diem costs. Other travel costs shall also be listed. A total amount for this category shall be provided;

(f) Subcontractors–include, for each subcontractor, the same data as is being provided for the prime Contractor. A total amount for this category shall be provided;

(g) Data Processing–include all non-labor costs, i.e., computer time, equipment purchase, lease or rental, data tapes. A total amount for this category shall be provided;

(h) Other Direct Costs–include a listing of all other direct charges to the contract, i.e., office supplies, telephone, equipment rental, duplication, postage;

(i) G&A–show rate, base and total; and

(j) Fee–show rate, base and total.

G.10 Travel and Other Costs

The Contractor shall be reimbursed for all domestic travel as described below, incurred directly and specifically in the performance of this contract, claimed by the Contractor, accepted by the Contracting Officer and not exceeding:

Travel and subsistence expenses exclusively in direct performance of this contract. The Contractor shall be reimbursed for transportation costs and travel allowance in accordance with the established policy of the Contractor, but subject to the following limitations:

Such transportation cost shall not be reimbursed in an amount greater than the cost of first class rail or of economy air travel, unless economy air travel and economy air travel space are not available and the Contractor certifies to the facts in the voucher or other documents submitted for reimbursement. Travel allowances for per diem shall be reimbursed in accordance with the Contractor’s established policy, but in no event shall such allowances exceed the prevailing Government rate except within the corporate limits of those cities and other specified areas where higher ceiling rates have been established by the General Services Administration for Civil Service employees in travel status.

The Contractor shall be reimbursed for the cost of travel performed by its personnel in a privately owned automobile at the prevailing Government rate (as set by Federal Travel Regulations–see www.gsa.gov) not to exceed the cost by the most direct economy air route between the points so traveled. If more than one person travels in such automobile, no additional charge shall be made by the Contractor for such travel between such points.

HRSA will not reimburse travelers for unauthorized or excess expenses. HRSA reserves the right to establish a per meeting, flat reimbursement fee for ground transportation and incidentals for traveling participants.

G.12 Task Order Officer

a. A Task Order Officer will be appointed for each task order, and be identified at the time of task order award.

b. The task order officer 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 contract; 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 contract. 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, any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

http://www.gsa.gov/

d. The Contracting Officer hereby delegates the Task Order Officer as the Contracting Officer's authorized representative responsible for signing software license agreements issued as a result of this contract.

e. The Government may unilaterally change its Task Order Officer designation.

The Alternate Task Order Officer's responsibilities include representing the Contracting Officer in technical phases of the contract only in the absence of the Task Order Officer.

As used herein, technical monitoring is direction to the Contractor which fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to accomplish the contractual Statement of Work.

For guidance from the Task Order Officer or Alternate Task Order Officer to the Contractor to be valid, it must:

1. Be consistent with the general scope of work set forth in the contract;

2. Not constitute new assignment of work or change to the expressed terms, conditions, or specifications incorporated into this contract;

3. Not constitute a basis for an extension to the period of performance or contract delivery schedule; and

4. Not constitute a basis for any increase in the contract fee and/or cost.

Nothing contained in this Clause authorizes the Contractor to incur costs in excess of the estimated cost or other limitation on funds set forth in this contract.

G.11 Indirect Cost Rates

a. In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clause 52.216- 7(d)(2), Allowable Cost and Payment incorporated by reference in this contract in Part II, Section I, the cognizant Contracting Officer responsible for negotiating provisional and/or final indirect cost rates is identified as follows:

(WILL BE INSERTED AT TIME OF AWARD)

b. These rates, including modifications thereto, are hereby incorporated without further action of the Contracting Officer.

If the contractor’s provisional negotiated rate agreement lapses the contractor is limited to the following billing rates until such agreement is finalized:

(WILL BE INSERTED AT TIME OF AWARD)

c. Notwithstanding the foregoing, the Contractor shall, in the case of an upward adjustment of the provisional rates, comply with the requirements of FAR 52.232-22 “Limitation of Funds” of the contract, and provide timely notification to the Contracting Officer, where such increase in costs causes operation of that clause.

G.12 Authority to Issue Contract Task Orders

The Contracting Officer is the only individual authorized to issue contract task orders.

G.13 Changes or Revisions

a. The Government shall not be liable for any costs due to changes or revisions in the scope of services for this Contract or in any task order projects, from the requirements originally negotiated and agreed to, unless such changes or revisions are authorized and approved by the Contracting Officer, in writing.

b. Any request for changes or revisions received from the Contractor shall be referred to the Contracting Officer for review and approval before acceptance by the Government.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. Task Order Procedures

a. The contractor will be provided with a statement of work, schedule of deliverables, surveillance plan, and other additional instructions as needed for each individual task order to be issued under this contract. These documents may be issued by mail, facsimile or electronic commerce.

b. The contractor shall be required to submit separate technical and cost proposals for each task order issued under this contract.

c. All contractors will be given a fair opportunity to be considered for each award. The Contracting Officer will consider such factors as past performance on earlier tasks, quality of deliverables, cost control, price, cost and other relevant factors in the award of a task order to a particular contractor.

d. The Government reserves the right to solicit competitive proposals for individual task orders among contractors that were awarded contracts under the original solicitation.

e. The Government shall reserve the right to award a task order without discussions.

f. The due date for proposals will be stated in an individual RFTO and determined on a case by case basis, depending on the complexity of the requirement.

g. A contractor included in the competition for the award of a task order may choose not to submit a proposal. In this event, the contractor shall notify the Contracting Officer in writing of its decision not to submit an offer for the given requirement. Failure to submit a proposal will not preclude a contractor from any future opportunity to compete for a task order.

h. Task orders may be awarded on a unilateral basis. If a task order is issued unilaterally, the contractor must begin work immediately, adhering to the dollar limit and period of performance stated on the face page of the task order.

i. In accordance with FAR 16.505(a)(6), no protest under FAR Subpart 33.1 shall be authorized in connection with the issuance or proposed issuance of a task order under this contract, except for a protest on the grounds that the order increases the scope of work, period of performance, or maximum value of the contract.

H.1.2. Task Order Information

Each task order will contain the following minimum information:

date of award contract number and task order number (numbered consecutively) estimated total dollar amount of the task order accounting and appropriation data statement of work, schedule of deliverables, surveillance plan, and any special instructions period of performance name and address of the project officer

H.1.3. Task Order Billing

The contractor shall segregate billings by task order when invoicing against the contract.

H.1.4. Multiple Contract Award/Task Order Placement

Each contract awardee shall be considered by the Contracting Officer (CO) prior to the placement of a task order. Beyond the guaranteed minimum task order amount $3,000, the placement of a task order shall be dependent upon factors such as an awardee’s record of past performance, quality of deliverables, cost control, price, cost, or other factors that the CO believes to be relevant to the placement of the order.

H.1.5. Award Fee

a. The Agency’s decision to pay or not to pay award fee in no way changes the contractor’s responsibilities to perform any functions or produce any deliverables required by this contract and any subsequent task order issued. The Agency’s decision to pay or not to pay award fee in no way shall alter the Department’s obligation to pay the contractor for satisfactory deliverables in accordance with the terms and conditions of this contract. Award fee is available for services and products identified in the Quality Assurance Surveillance Plan.

b. The CO shall determine whether a product/service is delivered on time and within budget. If the CO deems it to be on time and within budget, the product/service will be evaluated for quality by an Award Fee Evaluation Group (Group). The composition of the Group may change from task to task.

c. Each task order will be evaluated and the award fee determined at evaluation in accordance with the Award Fee Plan.

d. The project officer will perform an overall performance evaluation at least once every six (6) months for each task order (if the task order is less than six (6) months, one evaluation will be performed at the end of the task order; any task order of one year or longer, may have an award fee evaluation performed more than once). The contractor and the Government shall agree that the award determinations are not subject to the Disputes clause.

e. The maximum amount of award fee that may be earned on the contract is $__________ for the base period. Award fee earned shall be based upon an evaluation and determination by the Government as the contractor’s level of performance in accordance wit the following procedures:

(1) The contractor’s performance shall be evaluated on a semiannual basis (every six (6) months) during the period of performance for each task order.

(2) The criteria set forth in the section Award…