DRAFT_SOLICITATION_-_Shelter_Care_for_Unaccompanied_Children.pdf

Shelter Care for Unaccompanied Children Draft Solicitation Language

THE GOVERNMENT IS NOT REQUESTING PROPOSALS AT THIS TIME. BELOW IS

DRAFT LANGUAGE THAT THE GOVERNMENT PLANS TO USE WHEN IT POSTS A

FINAL SOLICITATION.

THE GOVERNMENT WILL ACCEPT QUESTIONS ON THE DRAFT LANGUAGE.

QUESTIONS MUST BE SUBMITTED IN WRITING AND EMAILED TO KORRIISE

LAROCHE AT Korriise.LaRoche@psc.hhs.gov.

SECTION B - Supplies or Services/Prices

B.1. CONSIDERATION AND PAYMENT

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) solicitation that will be used to award up to five single-award IDIQ contracts to address potential temporary shelter care needs for unaccompanied children.

Individual task orders may be awarded on a Time and Materials, Labor Hour or Firm Fixed-Price basis.

B.1.1 Minimum and Maximum

The funding for the minimum guarantee is not currently committed and awards will only be made when and if funding for the minimum guarantee becomes available.

Shelter Staffing Service Area During the contract period, the Government shall place orders totaling a minimum of the final negotiated amount for 12 months of “Cadre and Infrastructure” services per the B.3.3 pricing scenario for this Service Area. This reflects the contract minimum for the entire period of performance, including any options. The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of $TBD.

Wrap Around Support Service Area During the contract period, the Government shall place orders totaling a minimum of the final negotiated amount for 12 months of “Cadre and Infrastructure” services per the B.3.3 pricing scenario for this Service Area. This reflects the contract minimum for the entire period of performance, including any options. The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of $TBD.

Training and Technical Assistance Service Area During the contract period, the Government shall place orders totaling a minimum of the final negotiated amount for 12 months of “Cadre and Infrastructure” services per the B.3.3 pricing scenario for this Service Area. This reflects the contract minimum for the entire period of performance, including any options. The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of $TBD.

Transportation Service Area mailto:Korriise.LaRoche@psc.hhs.gov

During the contract period, the Government shall place orders totaling a minimum of the final negotiated amount for 12 months of “Cadre and Infrastructure” services per the B.3.3 pricing scenario for this Service Area. This reflects the contract minimum for the entire period of performance, including any options. The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of $TBD.

Medical and Clinical Staffing and Equipment Service Area During the contract period, the Government shall place orders totaling a minimum of the final negotiated amount for 12 months of “Cadre and Infrastructure” services per the B.3.3 pricing scenario for this Service Area. This reflects the contract minimum for the entire period of performance, including any options. The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of $TBD.

B.2 CONTRACT LINE ITEM PRICING

The price for each task order will be based on the negotiated unit prices illustrated in B.2 and estimated level of effort to be determined at the time of task order award.

The Contractor will be reimbursed in accordance with pricing section of each task order for satisfactory performance of the work.

Time and Material/Labor Hour Orders The Contractor shall not exceed the maximum, fully loaded hourly rates (inclusive of wages, indirect costs such as fringe, overhead, general and administrative expenses, any other indirect costs for labor, and profit) for each category listed below.

Firm Fixed Price Orders Firm Fixed Price orders shall comply with the labor rate maximums for each category listed below. A payment schedule for Firm Fixed Price orders will be negotiated for individual task orders.

B.2.1 Cadre and Infrastructure

Loaded Labor Rate Labor Category Base

Year Option Period 1

Option Period 2

Option Period 3

Option Period 4

B.2.2 ACF Region 2: New York, Puerto Rico and Virgin Islands NOTE TO OFFERORS: State Service Area Title from Section C Labor Rate

Labor Category Base Year

Option Period 1

Option Period 2

Option Period 3

B.2.3 ACF Region 6: Dallas

Labor Rate

Labor Category Base Year

Option Period 1

Option Period 2

Option Period 3

B.2.4 ACF Region 9: San Francisco

Labor Rate

Labor Category Base Year

Option Period 1

Option Period 2

Option Period 3

B.2.5 ACF Regions 1 (Boston), 3 (Philadelphia), 4 (Atlanta), 5 (Chicago), 7 (Kansas

City), 8 (Denver), 10 (Seattle) NOTE TO OFFERORS: State Service Area Title from Section C Labor Rate

Labor Category Base Year

Option Period 1

Option Period 2

Option Period 3

B.2.6 Material (Non-labor) Indirect Rates

Pursuant to the General Provisions of this contract and FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Dec 2014); Alt. I (May 2014), the following indirect rates to be applied against Materials are established:

Type Rate Ceiling Rate Base

B.3 PROPOSAL ASSUMPTIONS

Offerors are instructed to use the below information when proposing their price. Section B.3 will be removed at the time of award.

B.3.1 Reserved

B.3.2 ACF Regions Offerors must provide hourly labor rates for each Service Area under which they propose, for each period of the IDIQ contract. The tables in Section B.2 should be completed for each of the following locations:

• ACF Region 2: New York, Puerto Rico and Virgin Islands

• ACF Region 6: Dallas

• ACF Region 9: San Francisco

• All other: ACF Region 1: Boston; ACF Region 3: Philadelphia; ACF Region 4: Atlanta;

ACF Region 5: Chicago; ACF Region 7: Kansas; ACF Region 8: Denver; ACF Region 10: Seattle

The geographical area covered by the ACF Region can be found at:

http://www.acf.hhs.gov/programs/oro

B.3.3 Sample Pricing Scenario by Service Area

See Attachment J.4 for Sample Pricing Scenarios by Services Area

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PROJECT TITLE: “SHELTER CARE FOR UNACCOMPANIED CHILDREN ID/IQ TASK

ORDER CONTRACTS”

C.1 PURPOSE OF THE CONTRACT

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) solicitation that will be used to award up to five single-award IDIQ contracts. [Sentence will be removed at time of award.]

This sets forth the conditions and clauses under which future acquisitions between the parties shall be governed. This contract will be used to address potential temporary shelter and processing needs based on the historical variations in border crossings by unaccompanied children.

C.2 BACKGROUND

In 2014, the Administration responded to a significant increase in the number of unaccompanied children who were apprehended on the southwest border, with an aggressive, coordinated Federal response focused on providing humanitarian care for the children as well as heightened deterrence, enhanced enforcement, stronger foreign cooperation, and greater capacity for Federal agencies to ensure that our border remains secure. As a result of these efforts, the number of unaccompanied children attempting to cross the southwest border has declined precipitously, and the Administration continues to focus its resources to prevent a similar situation from developing in the future.

The Administration for Children and Families (ACF) is continuing to develop efficient, cost-effective strategies to address the historical variations in border crossings by unaccompanied children. Every effort is being made to avoid a future increase in border crossings by children.

At the same time, it is important for the Federal government to be prepared to provide humanitarian care when necessary.

During FY 2014, ACF operated temporary facilities at camps and on Department of Defense military bases. ACF worked with existing grantees that were able to expand their capacity to operate the temporary shelters while continuing to maintain services at the standard shelters they operated. Contracting for services related to temporary shelters would allow ACF, where appropriate, to use a competitive process to identify temporary facility providers, instead of expanding existing grant agreements, to provide care to children. The competitive contracting process could also provide more cost effective options for temporary sheltering. ACF is taking a phased approach to exploring contract vehicles that could provide flexible options for services on a regional basis throughout the United States.

C.3 STATEMENT OF WORK

The Contractor shall furnish all of the necessary personnel, materials, services, and facilities incident to the performance of the work as stated in each individual task order that may be issued under this contract.

See the attached Statement of Work(s) for the services to be provided as listed below. In addition, see Section H.1 for task order procedures. Maximum coordination is required between the all Contractors providing shelter care for unaccompanied children.

C.4 SERVICES TO BE PROVIDED

The Office of Refugee Resettlement (ORR), Division of Children’s Services (DCS) provides unaccompanied children with shelter and services until they are released to a sponsor while their immigration case proceeds. On March 1, 2003, the Homeland Security Act of 2002, Section 462, transferred responsibilities for the care and placement of unaccompanied children from the Commissioner of the Immigration and Naturalization Service to the Director of the Office of Refugee Resettlement (ORR), within the Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services (HHS). Since then, ORR has incorporated child welfare values as well as the principles and provisions established by the Flores Agreement in 1997, the Trafficking Victims Protection Act of 2000 and its reauthorization acts, the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2005 and 2008.

In order to meet the needs of arrivals based on historical variations, ORR must design and develop strategies for bringing on temporary shelter beds and services across the country. While no decisions have been made yet regarding the need for temporary sheltering capacity in 2015 or future years, this Performance Work Statement (PWS) outlines a proposed contract plan for temporary, short-term beds and services should the need arise. Due to the fluctuating nature of unaccompanied children arrivals, ORR seeks contracts that provide the following Service Areas (briefly described below) on a regional basis throughout the United States:

a. Shelter Staffing

b. Wrap-Around Support Services

c. Training and Technical Assistance (T&TA)

d. Transportation

e. Medical and Clinical Staffing and Equipment

These contracting services will be used to support facilities at temporary federally-owned or leased sites, including facilities operating with temporary structures. The place of performance will be primarily within ACF Regions 2, 6, and 9 however the Government reserves the right to assign the Contractor to a location outside of those regions.

A detailed description of the services to be provided is included in the attached Statement of Work(s) for each service. [Note to Offerors – contracts issued will only include the detailed statement of work applicable to the Service Area for which the contract is awarded.]

Service Area(s) to be performed under this IDIQ: to be determined at the time of award.

a. Shelter Staffing

Under this Service Area, the contractor will provide staffing services at identified shelter locations to provide the management, supervision, and required services to children. Staff support is defined as formal and informal services provided to ensure children’s safety and care. The contractor is to provide all positions identified and described in the SOW, including licensed professionals, program management staff, and supervision of daily operations. The contractor shall provide all logistical support for the travel and equipment needed to fulfill the requirements under the task order. The contractor shall provide scalable staffing plans to serve a range of children with ramp-up and draw-down capabilities. (See Attachment A)

b. Wrap-Around Support Services

Under this Service Area, the contractor will provide all support services at identified shelter locations. The mission includes feeding, cleaning, maintenance and facility preparation, clothing, linens and laundry, transportation, recreational equipment, security, hygiene kits, medical supplies, and custodial services.

Depending on the needs of the facility, wrap-around services may include portable toilets and hand washing stations, and mobile trailers for offices.

Security services will include unarmed security guards and any equipment, such as closed-circuit television networks and communication devices as directed by the government. Maintenance and facility preparation services may include fencing for the property, painting and building repairs, industrial cleaning, addressing non-ADA compliance factors, and other preparations needed to accommodate the sheltering of children in the facilities. (See Attachment B)

c. Transportation

Under this Service Area, the contractor will secure a national transportation contractor to make travel arrangements for children in ORR facilities. The contractor shall provide cost effective and time efficient transportation arrangements to move children within the ORR-network of shelter locations, including temporary shelter facilities. Additionally, if needed to manage shelter capacity and expedite discharges, ORR may waive the requirement for sponsors to arrange travel and associated costs of releasing the children from the shelter and place with the sponsor. In these instances, the travel contractor will also be responsible for purchasing transportation, including flights, trains, buses, and car rentals, for the children and an escort, if applicable, to release the child. (See Attachment C)

d. Training and Technical Assistance

Under this Service Area, the contractor will secure options for a training and technical assistance provider to train staff. The training will primarily include ORR policies and procedures; the Prison Rape Elimination Act Interim Final Rule procedures; completing sponsor packets; use of the ORR web-based database; and implementing best child welfare practices to provide high quality services to the children. While this contract is primarily targeted towards temporary facilities, in fiscal year 2014, ORR awarded nearly 22 new grants to shelter providers and added new field staff hence ORR may request the training and technical assistance provider to train new grantees staff and new ORR field staff. (See Attachment D)

e. Medical and Clinical Staffing Equipment

Under this Service Area, the contractor will secure options for providing medical and clinical services at identified temporary shelter locations to provide medical and mental health screening and vaccinations to unaccompanied children in the custody of HHS. Medical and clinical services could be used to support facilities at temporary federally-owned or leased sites, including facilities operating with temporary structures. (See Attachment E)

C.5 PERFORMANCE STANDARDS

Performance standards for task orders issued under this contract will be contained in the individual task orders.

C.6 HHS SECTION 508 ACCESSIBILITY STANDARDS NOTICE (SEPTEMBER

2009) This contract is subject to Section 508 of the Rehabilitation Act (the Act) of 1973 (29 U.S.C.

794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board (Access Board) Electronic and Information Accessibility Provisions (36 CFR Part 1194). Section 508 Compliance will be determined at order level. Section 508 of the Act requires that, unless an exception applies, all communications products and services that require a contractor or consultant to produce content in any format that is specifically intended for publication on, or delivery via, a federally owned or federally funded website permit the following:

(1) Federal employees with disabilities to have access to and use information and data that is comparable to the access and use of information and data by federal employees who are not individuals with disabilities.

(2) Members of the public with disabilities seeking information or services from a federal agency to have access to and use of information and data that is comparable to the access and use of information and data by members of the public who are not individuals with disabilities.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr1194_main_02.tpl

(Note: Information about Section 508 of the Act is available at http://www.section508.gov/. The complete text of Section 508 can be accessed at http://www.access-board.gov/sec508/provisions.htm.)

Accordingly, regardless of format, all web content or communications materials specifically produced for publication on, or delivery via, HHS websites, including text, audio, or video, under this contract shall conform to applicable Section 508 accessibility standards. Remediation of any materials that do not comply with the applicable accessibility standards of 36 CFR Part 1194 as set forth herein shall be the responsibility of the Contractor.

Standards will be identified at the task order level when applicable http://www.section508.gov/ http://www.access-board.gov/sec508/provisions.htm http://www.access-board.gov/sec508/provisions.htm

SECTION D - Packaging and Marking

D.1 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including forms, reports, etc. to the Contracting Officer or Contracting Officer’s Representative shall be paid by the Contractor.

D.2 MARKING

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

1. Name of Contractor:

2. Contract Number:

3. Task Order Number:

4. Description of items contained therein; “TDB”

5. Consignee's name and address.

SECTION E - Inspection and Acceptance

E.1. INSPECTION AND ACCEPTANCE

The individual Task Order 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.

SECTION F - Deliveries or Performance

F.1 PERIOD OF PERFORMANCE

The government anticipates the period of performance will be for a base period of 12-months, with four 12-month option periods, as follows (The anticipated contract award/effective date is April 30, 2015):

Base Period: (April 30, 2015 through March 31, 2016) Option Period One: (April 30, 2016 through March 31, 2017) Option Period Two: (April 30, 2017 through March 31, 2018) Option Period Three: (April 30, 2018 through March 31, 2019) Option Period Four: (April 30, 2019 through March 31, 2020)

Option periods may be exercised in accordance with FAR Clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000).

F.2 PLACE OF PERFORMANCE

Contracting services will be used to support facilities at temporary federally-owned or leased sites, including facilities operating with temporary structures. The place of performance will primarily be within ACF Regions 2, 6, and 9 however the Government reserves the right to assign the Contractor to a location outside of those regions.

The specific place of performance for an individual order will be specified in the task order.

• ACF Region 1: Boston

• ACF Region 2: New York, Puerto Rico and Virgin Islands

• ACF Region 3: Philadelphia

• ACF Region 4: Atlanta

• ACF Region 5: Chicago

• ACF Region 6: Dallas

• ACF Region 7: Kansas

• ACF Region 8: Denver

• ACF Region 9: San Francisco

• ACF Region 10: Seattle

The geographical area covered by the ACF Region can be found at:

F.3 DELIVERABLES

Unless otherwise specified, all deliverables shall be submitted electronically. All draft documents shall be submitted in MS Word format; all major final deliverables shall be delivered electronically in MS Word and as a PDF document, unless otherwise approved by the COR. In compliance with Section 508 of the Rehabilitation Act, “final” deliverables for dissemination that include graphics (e.g., pie charts, bar graphs, pictures, etc.) shall include a separate MS Word file providing narrative text describing the graphic, referencing the report page number and exhibit number/name for every graphic in the deliverable.

F.3.1 Schedule of Deliverables

The schedule of deliverables will be outlined in each task order.

F.4 OBSERVANCE OF FEDERAL HOLIDAYS

Deliverables due on a Saturday, Sunday, or the following Federal holidays shall be due on the following business day.

1. New Year’s Day 1 January

2. Martin Luther King’s Birthday 3rd Monday in January

3. President’s Day 3rd Monday in February

4. Memorial Day Last Monday in May

5. Independence Day 4 July

6. Labor Day 1st Monday in September

7. Columbus Day 2nd Monday in October

8. Veteran’s Day 11 November

9. Thanksgiving Day 4th Thursday in November

10. Christmas Day 25 December

F.5 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/these address(es):

http://www.acquisition.gov/far/

FAR 52-242-15 Stop-Work Order (AUG 1989) http://www.acquisition.gov/far/

SECTION G - Contract Administration Data

G.1 INVOICE SUBMISSION - COMMERCIAL

The Contractor shall submit invoices once per month. A complete invoice with all required back-up documentation shall be sent electronically, via email, to:

1. Contract Specialist via DAM mailbox: pscsas.invoices@psc.hhs.gov.

2. Contracting Officer's Representative (COR):

3. Financial Management Service (FMS): psc_invoices@psc.hhs.gov.

* No other non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent to the DAM and FMS mailboxes. Invoices Only.

The subject line of your email invoice submission shall contain the contract number, contract line item number, the order number, if applicable, and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).

Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All calls concerning contract payment shall be directed to the COTR.

In accordance with FAR 52.212-4, Contract Terms and Conditions - Commercial Items, a proper invoice must include the following items:

FAR 52.212-4(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer, Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer, Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

Additionally, the FMS requires the contractor to include its Dunn and Bradstreet Number (DUNS) on each invoice.

In accordance with OMB Memorandum, M-11-32, Agencies shall make payments to small businesses as soon as practicable, with the goal of making payments within 15 days of receipt of a proper invoice. If a small business contractor is not paid within this (15 day) accelerated period, the contractor will not be given a late-payment interest penalty. Interest penalties, as prescribed by the Prompt Payment Act, remain unchanged by means of this memorandum. All small businesses shall label all invoices as "Small Business."

Additionally, in accordance with OMB Memorandum, M-12-16, all prime contractors are encouraged to disburse funds received from the Federal Government to their small business subcontractors in a prompt manner. To assist prime contractors in expediting contractor payments to small business subcontractors, Agencies shall, to the full extent permitted by law, temporarily establish an earlier, accelerated date for making agency payments to all prime contractors. Consistent with OMB Memorandum M-11-32 above, Agencies shall have a goal of paying all prime contractors within 15 days of receiving proper documentation. In an effort to support small business growth, drive economic activity and job creation, the Contractor is encouraged to accelerate payments to their small business subcontractors.

In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration.

G.2 CONTRACT ADMINISTRATION

G.2.1 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:

a) Cost of air travel by most direct route. “Air coach” or “Air tourist” accommodations on prop or jet aircraft constitutes the normal class of air travel which shall be utilized.

First-class accommodations may be used if (1) less than first-class is not available providing reservation was requested within 24 hours after the traveler had knowledge of the trip; (2) less than first-class requires circuitous routing; (3) less than first-class requires travel to begin or end at unreasonable hours (i.e., if scheduled flight time is before 8:00 a.m. and schedule arrival is after 9:00 p.m.);

(4) less than first-class would result in additional direct costs which would offset the transportation savings; or (5) less than first-class will not make connections with other flights or means of transportation for continuation of the journey.

b) Cost of rail travel by most direct route, first-class with lower berth or nearest equivalent.

c) Travel by motor vehicle including rented automobile shall be reimbursed on a reasonable actual expense basis, or at the Contractor’s option, on a mileage basis at the current rate shown in the GSA Federal Travel Regulation, plus any toll or ferry charges.

d) Reasonable subsistence not in excess of actual itemized expenses not to exceed the ceiling in the Federal Travel Regulations in effect at the time of incurred cost.

G.3 AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of this IDIQ will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this IDIQ:

G.3.1 IDIQ Contracting Officer

The Contracting Officer for this IDIQ, also referred to as “IDIQ CO” is Rosanna Browning. All communications pertaining to contractual and/or administrative matters under the IDIQ shall be addressed to Rosanna Browning, 12501 Ardennes Avenue; Suite 400, Rockville, MD 20852;

Rosanna.Browning@psc.hhs.gov or 301-443-6931.

G.3.2 IDIQ CORs’ Authority mailto:Rosanna.Browning@psc.hhs.gov

The COR for this IDIQ, also referred to as the “IDIQ COR” is to be completed at time of award.

(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer’s Representative identified above, or a representative designated in writing.

The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement.

The Contracting Officer’s Representative does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(c) Technical direction may be oral or in writing. The Contracting Officer’s Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

(d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officer’s Representative. If, in the opinion of the contractor, any direction of the Contracting Officer’s Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

G.4 CONTRACTOR PERFORMANCE ASSESSMENT REPORT

During the life of this IDIQ contract and all task order contracts, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor

Performance Assessment Reporting System (CPARS) will be utilized for these reviews.

Information on CPARS can be located at http://www.cpars.gov.

SECTION H - Special Contract Requirements

H.1 TASK ORDER PROCEDURES

a. The Contractor will be provided with a Statement of Work, Schedule of Deliverables and other additional instructions as needed for each individual task order to be issued under this contract. These documents collectively referred to as a Request for Task Order Proposal (RFTOP), will be issued by email. The Government reserves the right to conduct cost analysis on labor and materials in accordance with FAR 15.4 and negotiate for lower pricing for specific task orders.

b. Orders requiring special conditions such as Section 508 Compliance and HSPD-12 clauses will be considered at the task order level when the requirement is defined.

c. It is anticipated that some task orders may be issued on an Emergency Response basis.

The Contractor will receive a notice to proceed from the Contracting Officer. For these Emergency Response situations, a price ceiling will be established that the Contractor shall not exceed. The Contractor may not invoice for and the Government will not pay for any services or supplies until the price is negotiated and approved by the Contracting Officer. After the notice to proceed is issued, the Contractor will have 2 weeks (unless otherwise agreed to by both parties) to submit a Price Proposal that will consist of labor categories, labor hours, labor rates, material costs, and material indirect costs. Cost support documentation will be required for the materials. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of task order. If agreement on a task order price is not reached, the Contracting Officer may determine a reasonable price in accordance with Subpart 15.4 of the FAR, subject to Contractor appeal as provided in the Disputes paragraph of FAR clause 52.212-4 as incorporated into this contract.

H.2 TASK ORDER INFORMATION

a. Each task order will contain the following minimum information:

(1) Date of award;

(2) Contract number and task order number;

(3) Total dollar amount of the task order;

(4) Statement of Work, Schedule of Deliverables and any special instructions;

(5) Period of performance;

(6) The name and address of the Task Order COR.

b. The Contractor shall submit separate invoices for each task order.

H.3 PERFORMANCE CRITERIA AND QUALITY ASSURANCE SURVEILLANCE

PLANS

Some task orders issued under this contract may be issued as performance based service task orders. Individual task orders will contain performance criteria tailored to the individual requirement.

H.4 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST

a. General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants.

The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.

b. Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer’s request for an OCI mitigation plan.

c. Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include, but is not limited to, requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.

H.5 PRINTING AND DUPLICATING/COPYING

The terms “printing” and “duplicating/copying” are defined in the Government Printing and Binding Regulations of the Joint Committee on Printing, CFR Title 44. The regulations can be accessed at HYPERLINK "http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf" http://www.gpo.gov/pdfs/customers/sfas/jcpregs.pdf.

Printing:

No printing by the Contractor or any subcontractor is authorized under this contract. All printing required hereunder must be performed by the Government Printing Office, in accordance with CFR Title 44; Public Law 102-392, as amended by H.R. 4454; and The Legislative Branch Appropriations Act 2995. The Contractor shall complete Form HHS 26 and submit it along with all camera-ready copies to the Contracting Officer’s Representative (COR).

Duplicating/Copying:

If necessary for performance of the contract, the Contractor may duplicate or copy less than 5,000 production units of only one page, or less than 25,000 production units in aggregate of multiple pages for the use of a department or agency. A production unit is defined as one sheet, size 8.5 x 11 inches, one side only, and one color. The pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. This page limit is per requirement and not per contract.

All printing, as well as duplicating/copying in excess of the stated limits, shall be obtained by the COR through the Publishing Services, Program Support Center. The cost of any unauthorized printing or duplicating /copying under this contract will be considered an unallowable cost for which the Contractor will not be reimbursed.

H.6 352.242-70 KEY PERSONNEL. (JAN 2006)

The key personnel specified in this contract are considered to be essential to work performance.

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

Key Personnel Positions by Service Area:

Shelter Staffing Service Area – Program Director Lead Case Manager Lead Clinician Clinicians

Wrap Around Support Service Area – Program Coordinator

Training and Technical Assistance Service Area –

Transportation Service Area –

Medical and Clinical Staffing and Equipment Service Area –

Mental Health Provider Coordinators

SECTION I - Contract Clauses

See Attachment J.5 for Section I Contract Clauses

SECTION J - List of Documents, Exhibits and Other Attachments

J.1 SF-LLL - Disclosure of Lobbying Activities

J.2 Past Performance Questionnaire

J.3 Wage Determinations

J.4 Section B.3.3 Pricing Scenario Tables

J.5 Section I Clauses

J.6 Service Area Statements of Work (SOW)

Attachment A – Shelter Staffing SOW

Attachment B – Wrap-Around Support Services SOW

Attachment C – Transportation SOW

Attachment D – Training and Technical Assistance SOW

Attachment E – Medical and Clinical Staffing and Equipment SOW

SECTION K - Representations, Certifications, and Other Statements of Offerors

K.1 North American Industry Classification System Code

(1) The North American Industry classification System (NAICS) code for this acquisition

624230.

(2) The small business size standard is $32.5 Million.

K.2 52.212-3 Offeror Representations and Certifications – Commercial Items

(MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except— http://www.acquisition.gov/ http://uscode.house.gov/

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying…