Solicitation_15-233-SOL-00531_-_Wrap_Around.pdf
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- 15-233-SOL-00531
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Final Solicitation 15-233-SOL-00531 - Shelter Care for Unaccompanied Children - Wrap Around Services
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
DAM
Rockville MD 20857 12501 Ardennes Avenue Twinbrook Place, Suite 400
DHHS/PSC/AMS/DAM
CODE 16. ADMINISTERED BYCODE
X
X
624230
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORDAM
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
11/13/2015 1400 ET
09/29/2015
301-443-3516JENNIFER ESKANDARI
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
15-233-SOL-00531
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 59 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Rockville MD 20857 12501 Ardennes Avenue Twinbrook Place, Suite 400
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$32.5
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
DHHS/PSC/AMS/DAM
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Shelter Care for Unaccompanied Children
1 Base Period: Shelter Care for Unaccompanied Children
2 Option Period 1: Shelter Care for Unaccompanied Children
3 Option Period 2: Shelter Care for Unaccompanied Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
ROSANNA BROWNING
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDEND
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Children
4 Option Period 3: Shelter Care for Unaccompanied
Children
5 Option Period 4: Shelter Care for Unaccompanied
Children
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
59 2 of
Shelter Care for Unaccompanied Children
This is an Indefinite Delivery/Indefinite Quantity (IDIQ) solicitation that will be used to award one IDIQ contract to provide Shelter Care for Unaccompanied Children under the following Service Area: Wrap-Around Support Services
SECTION B - Supplies or Services/Prices
B.1. CONSIDERATION AND PAYMENT
Individual task orders may be awarded on a Time and Materials, Labor Hour or Firm Fixed-Price basis.
B.1.1 Minimum and Maximum
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 $204,233,907..
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, or firm fixed price amount, 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
Loaded Labor Rate
Labor Category Base Year
Option Period 1
Option Period 2
Option Period 3
B.2.3 ACF Region 6: Dallas
Year
Option Period 1
Option Period 2
Option Period 3
B.2.4 ACF Region 9: San Francisco
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)
Loaded 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 (May 2015); 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 fully loaded hourly labor rates for each period of the IDIQ contract. The tables in Section B.2 shall be completed for each of the following locations:
• ACF Region 2: New York
• 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 each ACF Region can be found at:
http://www.acf.hhs.gov/programs/oro
B.3.3 Sample Pricing Scenario
See Attachment J.4 for Sample Pricing Scenario
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
PROJECT TITLE: “SHELTER CARE FOR UNACCOMPANIED CHILDREN - WRAP -
AROUND SUPPORT SERVICES”
C.1 PURPOSE OF THE CONTRACT
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.
C.3 STATEMENT OF WORK
The Contractor shall furnish all of the necessary personnel, materials, and services 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 for the services to be provided under the Wrap-Around Support Services IDIQ. In addition, see Section H.1 for task order procedures.
C.4 SHELTER CARE SERVICE AREAS
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 FY15, in order to meet future projections of arrivals and be prepared for worst case scenarios, ORR designed and developed strategies for bringing on temporary shelter beds and services across the country in order to immediately and effectively respond to a potential increase in UC arrival. Due to the volatile nature of unaccompanied children arrivals, ORR sought and awarded in May 2015, a contract vehicle able to provide the following services on a regional basis throughout the United States: 1) Temporary Shelter Staffing Contract: 2) Temporary Shelter Medical and Clinical Staffing and Equipment Contract; 3) Temporary Shelter Transportation Services; and 4) Temporary Shelter Training and Technical Assistance Contract.
ORR is now seeking the last integral part of the overall strategy for bringing on temporary shelter beds and services across the country effort, the Wrap Around Service Area.
A detailed description of the services to be provided is included in the attached Statement of Work.
Service Area to be performed under this IDIQ: Wrap-Around Support Services
Maximum coordination is required between all Contractors providing shelter care for unaccompanied children.
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.
Contractor Name: Comprehensive Health Services Contract Number: HHSP233201500172I
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 J.1)
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.
Contractor Name: Southwest Key Programs Contract Number: HHSP233201500178I
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.
Contractor Name: General Dynamics Information Technology, Inc.
Contract Number: HHSP233201500177I
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.
Contractor Name: Comprehensive Health Services Contract Number: HHSP233201500172I
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.
(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://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr1194_main_02.tpl 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; “TBD”
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 an award period of 12-months, with four 12-month option periods, as follows (The anticipated contract award/effective date is December 14, 2015):
Base Period: (December 14, 2015 through December 13, 2016) Option Period One: (December 14, 2016 through December 13, 2017) Option Period Two: (December 14, 2017 through December 13, 2018) Option Period Three: (December 14, 2018 through December 13, 2019) Option Period Four: (December 14, 2019 through December 13, 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 asset deployment place of performance will be temporary federally-owned or leased sites primarily within ACF Regions 2, 6, and 9; however, the Government reserves the right to assign the Contractor to one or more locations outside of those regions. The place of performance for Cadre & Infrastructure tasks will be at the contractor site.
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
• 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 each 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): TBD
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
The COR for this IDIQ, also referred to as the “IDIQ COR” is to be completed at time of award.
mailto:Rosanna.Browning@psc.hhs.gov
(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. It may be necessary to add labor categories during performance of the IDIQ to cover the scope of work for the Service Area. Rates for those labor categories will be evaluated at the task order level for reasonableness.
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 Program Coordinator
SECTION I - Contract Clauses
I.1 52.252-2 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/
a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)
CONTRACT CLAUSES
FAR Clause No. Title and Date
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL (JAN 2011)
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL
ITEMS (MAY 2015) - ONLY APPLICABLE TO FIXED
PRICE ORDERS
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL
ITEMS (MAY 2015); ALTERNATE I (MAY 2014) - ONLY
APPLICABLE TO TIME AND MATERIAL/LABOR HOUR
ORDERS
52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)
52.224-2 PRIVACY ACT (APR 1984)
52.227-17 RIGHTS IN DATA-SPECIAL WORKS (DEC 2007)
b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION
REGULATION (HHSAR) (48 CFR CHAPTER 3) CONTRACT CLAUSES
HHSAR Clause No. Title and Date
352.202-1 DEFINITIONS (JAN 2006)
352.222-70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT
OPPORTUNITY (JAN 2010)
352.224-70 PRIVACY ACT (JAN 2006)
352.231-71 PRICING OF ADJUSTMENTS (JAN 2001) – ONLY
APPLICABLE TO FIXED PRICE ORDERS
352.237-70 PRO-CHILDREN ACT (JAN 2006)
http://www.acquisition.gov/far/
352.237-71 CRIME CONTROL ACT – REPORTING OF CHILD ABUSE
(JAN 2006)
352.237-72 CRIME CONTROL ACT-REQUIREMENT FOR
BACKGROUND CHECKS (JAN 2006)
352.239-70 STANDARD FOR SECURITY CONFIGURATIONS (JAN 2010)
352.239-71 STANDARD FOR ENCRYPTION LANGUAGE (JAN 2010)
352.239-72 SECURITY REQUIREMENTS FOR FEDERAL
INFORMATION TECHNOLOGY RESOURCES (JAN 2010)
352.242-71 TOBACCO-FREE FACILITIES (JAN 2006)
352.242-73 WITHHOLDING OF CONTRACT PAYMENTS (JAN 2006) -
ONLY APPLICABLE TO TIME AND MATERIAL/LABOR
HOUR ORDERS
I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS
(MAY 2015)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-
77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the
Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.
3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
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_X_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15
U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.
644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C.
637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
_X_ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Oct 2014) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
_X_ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
(Nov 2011) (15 U.S.C. 657 f).
_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15
U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned
Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)
Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014)
(E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
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