FINAL_Evaluation_IDIQ_RFP__021113.doc

DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration

Office of Acquisition Management and Policy Rockville, MD 20857-5600

SEQ CHAPTER \h \r 1

FINAL RFP

Dear Offerors:

You are invited to submit a proposal in accordance with the requirements of FAR Part 15 and the requirements of this Solicitation #13-250-SOL-00005. This requirement is to provide HRSA Evaluation Studies to assist the organization with a variety of evaluation related activities. The NAICS code for this requirement is 541611 for Domain One and Two (Full and Open Competition); and 541512 for Domain Three (Small Business Set-Aside). It is anticipated a Cost Reimbursement, Firm Fixed Price, or a combination of both type of award will result from this solicitation. The Period of Performance is base period of twelve (12) months with four (4) twelve (12) month option periods.

Questions or issues for which you require clarification or correction by the Government must be furnished electronically to February 28, 2013. 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 10:00 AM Eastern Standard Time (EST) on February 28, 2013. Questions received after the due date and time will not be considered. No Exceptions.

Your proposal shall be received by the Contracting Officer as soon as possible, but no later than March 27, 2013, at 10:00 AM, Eastern Standard Time (EST) at the following address:

Department of Health and Human Services

Health Resources and Services Administration

Contracts Administration Division Parklawn Building

5600 Fishers Lane, Room 13A-55

Rockville, Maryland 20857

Attn: Diane Coger

RFP #: 13-250-SOL-00005

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.

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) (now known as System for Award Management (SAM)) requires any prospective awardee to have a DUNS number and be registered in the SAM 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 SAM you may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov or by calling 1-866-606-8220.

Requests for additional information concerning this RFP should be referred to Diane Coger via email at dcoger@hrsa.gov.

Sincerely yours, Diane Coger 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-55) 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, Brett Badin at 301-443-2181 or Brittany Harris at 301-443-8861). Boxes of proposals should not be left on the loading dock.

SECTION A

Table of Contents

SECTION

DESCRIPTION

PAGE(S)

A

Standard Form

N/A B

Supplies or Services and Prices/Costs

4-9 C

Description/Specifications/ Statement of Work D

Packing and Marking

E

Inspection and Acceptance 12-13 F

Deliveries or Performance 14-15 G

Contract Administration Data 16-24 H

Special Contract Requirements 25-30 I

Contract Clauses 31-53 J

List of Attachments K

Representations, Certifications and Other 55-58 Statements of Offerors or Respondents

L

Instructions, Conditions and Notices to Offerors 59-68

M

Evaluation Factors for Award

69-100

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. BACKGROUND

This Indefinite-Delivery-Indefinite-Quantity (IDIQ) requirement is intended to provide a contracting mechanism to facilitate the production of focused, high-priority, short-term evaluation activities in support of various Bureaus and Offices within the Health Resources and Services Administration (HRSA). These activities include evaluation studies, evaluation and information syntheses, policy and environmental assessments, and performance measurement tools and data systems.

These Bureaus and Offices are responsible for conducting policy analysis, data analysis and program evaluation to improve the design and performance of current programs and develop alternatives to them. In addition, they provide timely information for use by the Administrator, the Deputy Administrator and other senior officials in programmatic, legislative, budgetary and policy decisions.

To accomplish these activities, staff often has requirements to analyze and assess current and emerging health policy issues, develop data systems, and evaluate HRSA programs under relatively tight time constraints. Activities frequently require personnel to augment HRSA skills and capabilities with skills and experience not available with the Agency. These short-term activities typically target high priority issues which are likely to influence the budgetary, legislative, regulatory and planning cycles of the Agency.

B.2. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

This Indefinite-Delivery-Indefinite-Quantity (IDIQ) requirement is intended to provide a contracting mechanism to facilitate the production of focused, high-priority, short-term evaluation activities in support of various Bureaus and Offices within the Health Resources and Services Administration (HRSA). These activities include evaluation studies, evaluation and information syntheses, policy and environmental assessments, and performance measurement tools and data systems.

Tasks are anticipated in one or more of the following three (3) domains:

1. Assessment of Effectiveness and Efficiency of HRSA-Supported Programs-Operations, Outcomes and Performance and Analysis of Contextual/Policy Issues which may Impact HRSA-Supported Activities

2. Strengthening Evaluation Capacity

3. Design and Development of Evaluation Data and Information Technology (IT) Systems (SB Set-Aside)

B.3. COMPENSATION

a. Services will be acquired on an as-needed basis through the issuance of task orders. A minimum of one (1) task order award will be guaranteed during the base period of the contract with a minimum total amount of $2,500. The total cost of all task orders awarded during the contract period shall not exceed (10) million dollars each year active of the five contract years, or fifty (50) million dollars for the entire life of the contract. Individual Task Orders may be awarded on a Cost Reimbursement, and Firm Fixed Price basis. Task orders will be fully funded and/or contain Options.

b. The rates specified below are ceiling rates for the life of the contract 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.

Maximum Unloaded Hourly Rates by Labor Classification:

Domain 1

Project Director/Contract Manager

Senior Technical Personnel

Associate Technical Personnel

Junior Analysts

Secretaries and other Support Personnel

Domain 2

Project Director/Contract Manager

Senior Technical Personnel

Associate Technical Personnel

Junior Analyst

Secretaries and other Support Personnel

Domain3

Project Manager/Task Leader

Statistician

Enterprise Application Architect

Enterprise Business Analyst

Proposed Labor Categories

Technical Lead

Senior NET Developer

Senior Systems Analyst

Senior Web Developer/System Analyst

Mid Net Developer

System Analyst

System Jr. NET Developer

Graphics Designer

Junior Web Developer-Programmer/Analyst

c. 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, or a firm-fixed-price basis. Each contract awarded under the contract shall include one or more of the labor categories in Section B.3., 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.3., 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.

d. The Government shall not be obligated to reimburse the Contractor for any cost incurred in excess of each task order amount, and the Contractor shall not be obligated to continue performance under the task order, or otherwise incur any cost in excess of the task order amount, unless and until the Contractor has received written notification from the Contracting Officer which modifies the task order amount. No notice, communication or representation in any other form or from any person other than the Contracting Officer shall affect the amount of the task orders.

e. The Contracting Officer may allot additional funds to each task order without the concurrence of the Contractor.

B.3.1 ALLOWABLE COSTS

Costs shall be determined by the Contracting Officer to be allowable in accordance with FAR Subpart 31.2 in effect on the date of this Contract and the terms of this Contract.

B.4.

COST REIMBURSABLE CONTRACTS

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 $700/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 Clause 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 Clause 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 Clause 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.

Indirect Costs:

1. The allowable indirect costs under this contract shall be established in accordance with the General Provisions of this contract and FAR 52.216-7, Allowable cost and Payment (APR 1998).

2. Pending the establishment of the negotiated indirect cost rates the provisional rates below are approved for billing purposes only.

3. The Fixed Ceiling Contract rates should be used for the life of the contract. In the event the final indirect cost rates shall exceed the fixed ceiling rates, then the lower rates as established by the cognizant auditing office shall apply.

Fringe

Overhead

G&A

4. If the contractor does not have a current rate agreement, within the first 90 days after the effective date of this contract, the contractor shall initiate a request for indirect cost rate agreement from the following:

Emma Smith National Institute of Health

6011 Executive Blvd.

Mail Stop 7663, Room 547K

Bethesda, MD 20892

Telephone: (301)496-2444

Fax: (301)402-7180

EMail: emma.smith@nih.gov The request will be accompanied by an indirect cost rate proposal and its supporting data. If the contractor does not comply with these requirements within the allotted time frame, then the Contracting Office will suspend all indirect costs being billed after 90 days.

i. The final indirect cost rates applicable to this contract shall not exceed the ceiling rates listed above; provided, however, that in the event the rates are determined by the cognizant negotiated indirect cost official on the basis of actual allowable costs are less than the provisional and ceiling rates agreed to herein, then the lower rates as established; by such cognizant official shall apply.

ii. Notwithstanding the foregoing, the Contractor shall, in the case of an upward adjustment of the provisional rates, comply with the requirements of FAR 52.232-20 – Limitation of Cost.

E. FIXED FEE

The Fixed Fee shall be negotiated per individual task order.

SECTION C: DESCRIPTIONS/SPECIFICATIONS/WORK STATEMENT

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 Section J - Attachment A and made part of this document.

C.2 Incorporation of Contractors Proposal It is understood and agreed that the contractor shall, in meeting the requirements of this contract, perform the work in accordance with the Contractors proposal to the Health Resources and Services Administration for _______________, dated ___________, 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 be controlling 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 Representative (COR) are the responsibility of the contractor. All submission shall be made via electronic mail unless otherwise specified by the CO or the COR 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

Center for Substance Abuse

Rockwall II Building, Suite

5600 Fishers Lane

Rockville, Maryland 20857

SECTION E - INSPECTION AND ACCEPTANCE

E.1. INSPECTION AND ACCEPTANCE

The Contracting Officer 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

52.246-4 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 re-performance, 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.

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

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

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.

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.

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 re-performance, the Government may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and reduce any fee payable under the contract to reflect the reduced value of the services performed.

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

SECTION F - DELIVERIES OR PERFORMANCE TC \l2 "SECTION F - DELIVERIES OR PERFORMANCE F.1

CLAUSES 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. Also, the full text of a clause may be accessed electronically at this address (es): http://www.arnet.gov/far/ 52.242-15 Stop-Work Order. (AUG 1989)

52.242-15 Stop-Work Order. (AUG 1989) Alternate I (APR 1984)

F.2 OBSERVANCE OF FEDERAL HOLIDAYS

No services or deliveries shall be performed, nor shall HRSA reimburse a contractor for work performed on Saturdays, Sundays, Federal legal holidays, holidays set forth by Presidential Executive Order and any other Government closures, including for inclement weather, unless otherwise provided for in the terms of the contract.

New Year’s Day

January 1st

Martin Luther King’s Birthday 3rd Monday in January

Inauguration Day

January 20th (every 4 years)

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.3

PERIOD OF PERFORMANCE

The period of performance shall be a base period of twelve (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.4

SCHEDULE OF DELIVERABLES (SAMPLE)

The deliverables will be identified in each individual Task order and may be similar to the following:

* Delivery dates shall be based on calendar days. Submission locations will be identified in each individual task order.

Note: All deliverables shall be conveyed to the Government in a format (electronic or paper) specified.

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.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. Designation of THE Contracting Officer’S Representative (COR)

The person identified below is hereby designated as the COR for this Contract No. . The responsibility of the COR is to ensure that the Government’s technical objectives are met. This responsibility may not be re-delegated or reassigned to another individual by anyone other than the Contracting Officer (CO). The COR is accountable to the Head of Contracting Authority (HCA).

G.2. Government Contracting Officer Representative (COR) Click here to enter text.

Health Resources and Services Administration

Click here to enter text.

5600 Fishers Lane, Parklawn Building, Room Rockville, Maryland 20857

Phone Number:

Fax Number:

Email:

G.3. Contracting Officer’s REPRESENTATIVE 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.

All technical direction to the Contractor shall be issued in writing by the Contracting Officer Representative or shall be confirmed by him/her in writing within five (5) working days after issuance.

Contract Progress and Performance Management—The COR will establish a contract surveillance program that will permit verification of contractor progress and performance. The COR is responsible for monitoring the contractor’s performance and notifying the Contracting Officer immediately when:

1. Performance is not proceeding satisfactorily, OR

2. If problems are anticipated, OR

3. Changes in the contract requirement are anticipated that would require the execution of a modification, OR

4. All work is completed and the final deliverable has been accepted.

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

Document Contract Transactions—The COR maintains records, logs, and reports that document the actions taken by the Contractor and the Government during performance of the contract in a hard copy file in the following manner:

Establish a COR file for each contract which contains the CO delegation to the COR all pertinent contract documents. The file should stand alone and contain copies of records documenting of all contract actions. The COR shall check the file for completeness prior to contract close-out check it and provide it to the CO to be included in the permanent contract file.

Assure proper payment for services rendered The COR shall verify in a timely manner, invoices submitted by the contractor, to –ensure that payment is made for services rendered and is consistent with agreed upon payment rates and within budget.

The COR shall thoroughly review invoices to verify that the invoice has all the information necessary to ensure payment and it is accurate and complete. The COR shall resolve any issues promptly with the contractor and ensure that expenditures are consistent with contract budget from COR records.

After reviewing the invoice, the COR shall submit the invoice and send an e-mail approving payment to the United Financial Management System (UFMS) receiver within four (4) days from the date of receipt of a proper invoice. The COR shall keep a copy of the invoice for the COR contract file with the date and approving COR’s initials written on it entered in UFMS. If there are questions regarding payment, the COR should call the Payments Office at 301-443-3020.

Provide for an Orderly Management Transition-- Upon reassignment of COR duties to another COR, the COR being relieved must assure that the duties and records of the contract have been reassigned to another COR. The relieved COR must also notify the Contracting Officer that the relieved COR will no longer be performing the duties of the COR and that provide the CO and relieving COR with a complete contract file.

Maintain Acquisition Professional Skills and Standards-- The COR shall maintain HRSA COR certification during all periods of time delegated duties as a COR for a HRSA contract. The COR shall present their current, valid, HRSA COR Certificate upon request to Contractors, Contracting Officers and other staff upon request. The COR shall never exceed the authorities delegated by the Contracting Officer to the COR nor violate the requirements established for Acquisition professionals established in the FAR.

G.4. 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 the 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 expressed terms, conditions, or specifications of the Contract (i.e. change in price, change in scope of work, instructions to start or stop work, approve any action that will result in any 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 contact and the only party who can determine if a direction is within the Statement of Work or not.

G.5. CONTRACTOR’S RESPONSIBILITY

Technical Direction--The Contractor shall proceed promptly with the performance of technical directions duly issued by the Contracting Officer Representative (COR) in the manner prescribed within his authority under this provision.

If, in the opinion of the Contractor, any direction issued by the COR exceeds their authority, the contractor shall notify the Contracting Officer in writing within five (5) days after the receipt of any such direction and shall request the Contracting Officer to modify the contract accordingly. The Contracting Officer shall either issue an appropriate contract modification or advise the Contractor in writing that, in his opinion, the technical direction is within the scope of this contract and does not constitute a change of the contract. The Contractor shall proceed immediately with the direction given. A failure of the parties to agree upon the nature of the direction or upon the contract action to be taken shall constitute a dispute.

G.6. 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

Project Director

(To be completed at time of award)

The person identified as the Project Director 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.7 STAFFING REQUIREMENTS

The general responsibilities of all contract personnel are as follows:

1. Consistently exhibit teamwork and provides best value for customers by improving the quality of customer interaction and communication, and internally improving communication to increase the quality and value of service provided.

2. Demonstrate proactive behavior, provides timely responsiveness, and exhibits a sense of ownership and commitment in all dealings.

3. Consistently perform timely follow through to ensure quality completion of customer actions. Actively engages in customer partnering sessions and lessons learned sessions.

On a regular basis, shows initiative in problem identification and resolution.

4. Demonstrate full working knowledge of the Health Resources and Services

Administration (HRSA) evaluation studies, evaluation and information syntheses, policy and environmental assessments, and performance measurement tools and data systems in support of various Bureaus and Offices within HRSA.

5. Maintain the integrity and security of federally-owned property, including equipment, supplies, and information technology related hardware, software and data.

6. Effectively plan, organize, and prioritize work to accommodate agreed to dates/timelines as noted in the task order, and produce clear and effective results of acceptable quality.

7. Refer new or unusual circumstances in a timely manner to the COR for guidance.

G.8. SUBMISSION OF INVOICES AND PLACE OF PAYMENT

1. The Contractor shall submit invoices/vouchers in Microsoft Word or PDF format using Standard Form SF1034 “Public Voucher for Purchases and Services Other than Personal” include the following information to hrsainvoices@hrsa.gov

• 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;

• Information that supports request for payment; and

• Name and complete mailing address where payment is sent.

2. Inquiries:

Regarding payment, email hrsainvoices@hrsa.gov Regarding receiving, inspection and acceptance, or technical issues, call your Contracting Officer Representative;

Regarding suspension or rejection call your Contract Specialist.

INVOICES WITHOUT ALL REQUIRED INFORMATION WILL BE DENIED UNTIL THE PROPER INFORMATION IS SUBMITTED.

3. 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.9. ELECTRONIC FUNDS TRANSFER

In accordance with FAR 52.204-7 Central Contractor Registration (APR 2008), 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.8.

G.10. EVALUATION OF CONTRACTOR’S PERFORMANCE final evaluation of Contractor performance shall be conducted on this contract in Interim and final evaluation of Contractor performance (including options) on this contract shall be conducted in accordance with FAR Subpart 42.15 and HHSAR 342.7001(d) and entered into the Contractors Performance Assessment Reporting System (CPARS) (see Section J, List of Attachments, Attachment E.

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.11 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 RFQ 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.

G.12

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

G.13

TASK ORDER BILLING

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

G.14

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 $2,500, 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.

G.15. 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.

G.16.

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 correlate 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, or issue the Task Order under the Small Business area or issue the Task Order under both the Large and Small Business area.

G.17.

EXTENSIONS AFTER AWARD

It is the intent of the Government that all task orders be completed within the time frame specified in each order. Any request for an extension beyond the initial period of performance specified in the task order will be evaluated on a case by case basis. It is not to be assumed that all requests for extension will be granted.

G.18.

SUBCONTRACTING PLAN PROVISIONS (Applies to Large Business)

a. Small Business and Small Disadvantaged Business Subcontracting Plan

(1) The Small Business and Small Disadvantaged Business Subcontracting Plan dated _______ is attached hereto and made a part of this contract.

(2) The failure of any contractor or subcontractor to comply in good faith with the Clause entitled, “Utilization of Small Business Concerns and Small Disadvantaged Business Concerns” incorporated in this contract and the attached Subcontracting Plan, will be a material breach of Contract or Subcontract.

b. Small Disadvantaged Business (CDB) Participation Plan

(1) The Small Disadvantaged Business (SDB) Participation Plan, dated __________ is attached hereto and made a part of this contract.

(2) In compliance with FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, if this contract contains SDB participation targets, the Contractor shall report on the participation of SDB concerns. Reporting shall be on Optional Form 312, Small Disadvantaged Business Participation Report, or in the Contractor’s own format providing the same information and shall be submitted on an annual basis and upon completion of the contract. In no event shall the targets identified in the attached SDB Participation Plan be revised without the prior written authorization of the Contracting Officer.

(3) The failure of any Contractor or subcontractor to comply in good faith with FAR Clause 52.219-25, entitled, “Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting” incorporated in this contract and the attached SDB Participation Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, “Liquidated Damages-Subcontracting Plan.”

(c) Subcontracting Reports

(1) The contractor shall submit the Individual Subcontract Report and Summary Subcontract Report using the web-based Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov following the instruction in eSRS as supplemental by agency regulations;

Ensure that its subcontractors with subcontracting plans agree to submit the Individual Subcontract Report and/or Summary Subcontractor Report using eSRS; and

Provide the prime contract number, the task order number, if applicable, and the prime contractor’s DUNS numbers to all first-tier subcontractors with subcontracting plans so they can enter this information into eSRS with their reports

Ensure that all subcontractors with subcontracting plans under the flow-down requirements of subparagraph (a)(9) above, at every tier, provide the prime contract number, the order number, if applicable and their own DUNS number to all of their subcontractors with subcontracting plans.

Regardless of the effective date of this contract, the report shall be submitted on the following dates for the entire life of this contract:

April 25th

October 25th

G.19. LIMITATION ON SUBCONTRACTING - APPLIES TO SMALL BUSINESSES

FAR Clause No. 52.219-14 is applicable to this contract and stated below in full text:

LIMITATION ON SUBCONTRACTING (DEC 1996)

(d) This clause does not apply to the unrestricted portion of a partial set-aside.

(d) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for -

(1) Services (except construction) At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from regular dealer in such supplies) The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Communication Any HRSA communication products developed under this contract will require an additional separate clearance on an HHS-615 (for text and/or graphic publications and products that will be printed, posted on the Web, or disseminated through other electronic methods, such as by email) or an HHS-524A (for audiovisual products, including those that will be posted on the Web). Communication clearance for this contract itself does not satisfy the requirement to seek clearance of the specific HRSA communication products.

H.2 Printing and Duplicating The printing of government documents must be accomplished through the Government Printing Office (GPO). Contractors and grantees shall not be used as sources of printing for the Department or OPDIVS. Therefore, the inclusion of printing in contracts and grants is prohibited unless authorized by the Joint Committee on Printing (JCP). All requests for waivers must go through the HHS Department Printing Officer. Contractors may prepare copy, illustrative material (forms etc.) and /or camera ready copy for the purpose of producing publications.

The Contractor shall not engage in, nor subcontract for, any printing (as the term is defined in Title 1 of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract; except that performance of a requirement under this contract involving less than 25,000 production units in the aggregate of multiple pages will not be deemed to be printing. A production unit is defined as one sheet, size 8.5 x 11 inches, one side only, and one color.

Regarding the use of private funds for printing, the regulations state that when appropriated funds are to be used to create information for publication, the printing of that information cannot be made available to a private publisher for publication without prior approval of the congressional Joint Committee on Printing by way of the office of HHS Department Printing Officer. For any questions, please contact the HHS Department Printing Officer at 301-594-3185.

H.3 Clearance/Production of Information Products/Services

The U.S. Department of Health and Human Services (HHS), Office of the Assistant Secretary for Public Affairs, requires clearance for any external communication products, which includes publications, audiovisual products, multimedia products, exhibits (including exhibit structures), conferences (including program/agenda books and other meeting materials), or public affairs services produced for or by HRSA through this contract as a deliverable. An external communication product is one that will be distributed outside of HRSA in any quantity. This clearance, which takes approximately 4 weeks, is obtained by the project officer through HRSA’s Office of Communications.

It is the policy of HHS that HHS must be prominently and dominantly identified as the primary publisher/producer, to include the name of HHS and placement…