15-233-SOL-00573_BPA_Call_Order__1.pdf

Legal Resources Professional Services Solicitation 15-233-SOL-00573 Call Order #1

1 SECTION 1 - SERVICES AND PRICES

1.1 TYPE OF ORDER

In consideration of satisfactory performance of the work described in the BPA Call Order #1, the Contractor shall be compensated on a Labor Hour basis.

1.2 TYPE OF SERVICES

The services acquired under this order are severable services. Funds are only available for use for the line item to which they are obligated. Unused funds from one period may not rollover for use in other periods.

1.3 CEILING PRICE

The hours and total price per labor category are for budgeting purposes only. The number of hours actually used for each category may exceed or be less than the estimate by category as long as the ceiling price for the order period is not exceeded. The ceiling for each order period is identified in Section

1.4. The Government shall not be obligated to pay any amount in excess of this ceiling price nor is the Contractor obligated to continue performance if to do so would exceed this ceiling price. In the event that the Government chooses to exercise optional order periods, unused funds from a previous order period may not be used to fund any services taking place in a subsequent contract/order period. The ceiling price may be modified by the Government if it is determined that the estimated hours are insufficient for the work required.

1.4 CONSIDERATION AND PAYMENT

In consideration of satisfactory performance of the work as described throughout this order, the Contractor shall be paid in accordance with the fixed loaded hourly rates as shown herein for the specified categories of labor based on the number of actual hours incurred in the performance of the work specified. The period of performance is priced as follows:

Base Period (12 Months)

Office Locations Labor Category Number of Hours Loaded Hourly

Rate Total $

CMSD (MD) Secretary IV (Legal Secretary) 2008 CMSD (DC) Analyst (Analyst/Paralegal) 2008 GLD (MD) Secretary III 2008 GLD (MD) Secretary III (Legal Secretary) 2008 GLD (DC) Jr. Business Analyst 2008 IO (DC) Legal Assistant 2008 IO (DC) Legal Assistant 2008 IO (DC) Legal Assistant 2008 RV (IL) Legal Assistant 2008 RV (IL) Paralegal 2008 RIX (CA) Secretary III (Legal Secretary) 2008 RIX (CA) Secretary III 2008

Total Labor

2 SECTION 2 - DESCRIPTION/SPECIFICATIONS

2.1 INTRODUCTION/BACKGROUND

OGC is the legal team of DHHS, providing quality representation and legal advice on a wide range of highly visible national issues. The OGC's broad mission is to support the programs of the Department through litigation (mostly defense work), Federal Register drafting and legal advice and legislative services. OGC has an extraordinarily interesting agenda as a result of the breadth of the Department's activities and the work involved with national issues. Recent issues addressed by OGC include health care reform, tobacco regulation, fetal tissue research, breast implants, Native American tribal self-determination, Head Start, needle exchange, organ donation and transplantation, federally-funded abortion, programs for the aging, affirmative action in science training and nursing home quality of care enforcement. Working for OGC provides individuals with the opportunity to serve the public and support its legal health care interests.

The following pages represent the technical statement of work for the provision of Legal Resources Professional Services, in the Office of the General Counsel (OGC), Department of Health and Human Services (DHHS). The headquarters of OGC, DHHS is located at 200 Independence Avenue, S.W.

Washington, D.C. 20201, with eight (8) division offices and ten (10) regional offices located around the country. The division offices include: Children, Family and Aging, Centers for Medicare and Medicaid, Civil Rights, Ethics, Food and Drug, General Law, Legislation and Public Health Divisions. The regional offices are located in Atlanta; Boston; Chicago; Dallas; Denver; Kansas City, MO; New York;

Philadelphia; San Francisco; and Seattle. Each regional office is a miniature representation of the OGC headquarters and requires the same level of support and services. The Contractor is responsible for understanding the missions of the various office locations and responding to their needs and requests in an appropriate, professional manner.

2.2 SCOPE OF WORK

The Contractor shall provide experienced and qualified professionals to perform legal resources and additional services, which shall encompass, but are not limited to the following:

• Paralegal and Legal Administrative Support Services

These and other legal support services, to be defined later as experience dictates, represents an effort by the OGC to provide necessary Call #1 support to execute the mission and programs of the DHHS. The following defines a set of services to be provided and describes the role of the Contractor in providing these services.

2.3 Tasks

2.3.1. Paralegal and Legal Administrative Support Services

The Contractor shall supply paralegal and legal assistants in support of OGC research and litigation activities. These individuals will include professional and paraprofessional personnel. They will perform litigation and related legal and paralegal duties as described by the National Association of Legal Assistants and as described by the American Bar Association in 1997, and “will perform specifically delegated substantive, legal work for which a lawyer is responsible.” Contractor’s paralegals and legal assistants will perform legal services, which while not strictly legal work, will render the OGC lawyers more effective by freeing them to concentrate on the law. Research materials include court records, depositions, interrogatories, law books, serials, journals, technical and legal documents including legal precedents in any given case, audio-visual, maps and data sheets.

The Contractor shall use OGC-supplied computers to access the on-line legal databases including Lexis/Nexis, Westlaw, and other DHHS databases, the Department of Justice databases, and/or the current OGC integrated law library system. The Contractor shall utilize all available software and databases to conduct legal research to reach maximum output.

The Contractor’s paralegal staff and legal clerks shall establish a security system that provides for the safety and security of materials that pertain to on-going litigation or any case under appeal. These materials will be held in a secure location within the building and will not be allowed out of the building without the permission of the General Counsel (GC) or designee.

2.4 LABOR CATEGORIES

The following paragraphs are position descriptions/tasks for each of the major personnel categories proposed to be provided by the Contractor under this Call Order #1. The staff position descriptions are meant to demonstrate how the individual personnel fit the Call #1 requirements. These position descriptions are included as examples and the Contractor shall respond in terms of the work descriptions, deliverables, or approach as detailed in within the Specific Requirements of each position. They are not all-inclusive; and represent an attempt to identify personnel needs sufficiently in advance and in sufficient numbers to enable OGC to forecast personnel requirements and specific skills for the life of the project.

As such they represent a minimum in terms of the individual experience and performance requirements.

2.4.1. Paralegal Assistants

These individuals shall be certified by the National Association of Legal Assistants and shall be qualified to perform lower level legal tasks under the supervision of an attorney. Researches law, investigates facts and prepares documents to assist attorneys. Researches and analyzes law sources such as statutes, recorded judicial decisions, legal articles, treaties, and legal codes to prepare legal documents. They shall be capable of drawing up draft and preliminary legal documents, preparing case materials for trial and supporting an attorney in the daily carrying out of his legal responsibilities.

2.4.2. General Legal Assistants

Shall possess, at a minimum, a high school diploma and shall have a minimum of three years’ experience working in a law office or equivalent legal operation. Researches and prepares cases relating to administrative appeals of civil service members. They shall have experience in dealing with the courts, bailiffs, law enforcement personnel, and other legal officials with whom they might come in contact. They shall be responsible for maintaining information about the OGC legal calendar, judge’s staff telephones and office addresses and information about local jurisdictions.

2.4.3. Legal Secretary (I – IV)

At a minimum has a high school education. He/she assists lawyers by preparing legal papers and correspondence of a legal nature, such as summonses, complaints, motions and subpoenas using typewriter, computer/word processor. May review law journals and other legal publications to identify court decisions pertinent to pending cases and may present articles to attorneys. Candidate should have excellent secretarial skills coupled with basic knowledge of law and legal procedures. He/she must be computer literate and have a strong understanding of the English language.

2.5 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) for each to monitor the quality of the Contractor’s performance. The oversight provided for in the QASP will help to ensure that service levels established in each BPA Call are achieved and maintained throughout the term of each BPA call. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the required Past Performance Information Assessments.

The QASP is a living document and may be updated by the Government as necessary.

2.6 HHS-CONTROLLED FACILITIES AND INFORMATION SYSTEMS SECURITY

(a) To perform the work specified herein, Contractor personnel are expected to have routine (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data or information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

(b) To gain routine physical access to an HHS facility, logical access to an HHS-controlled information system, and/or access to sensitive data or information, the Contractor and its employees shall comply with Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors; Office of Management and Budget memorandum (M-05-24); and Federal Information Processing Standards Publication (FIPS PUB) Number 201; and with the personal identity verification and investigation procedures contained in the following documents:

(1) HHS Information Security Program Policy http://www.hhs.gov/ocio/policy/policydocs/ociosummaries.html http://www.hhs.gov/ocio/securityprivacy/index.html

(2) HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated February 1, 2005.

http://www.hhs.gov/ohr/manual/pssh.pdf

(3) HHS HSPD-12 Policy Document, v. 2.0.

http://www.hhs.gov/asfr/og/acquisition/policies/hspd12contractguide.doc

(c) This contract/order will entail the following position sensitivity level(s): Level 1 - Minimum

(d) The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (NACI) with fingerprinting. More restricted positions--i.e., those above non-sensitive, require more extensive documentation and investigation. The Contractor shall notify the Contracting Officer in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.

(e) Investigations are expensive and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with the FAR clause, Excusable Delays--see FAR 52.249-14. Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.

(f) Typically, the Government investigates personnel at no cost to the Contractor. However, multiple investigations for the same position may, at the Contracting Officer's discretion, justify reduction(s) in the contract price of no more than the cost of the additional investigation(s).

(g) The Contractor shall include language similar to this ``HHS-Controlled Facilities and Information Systems Security'' language in all subcontracts that require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; or (4) any combination of circumstances (1) through (3).

(h) The Contractor shall direct inquiries, including requests for forms and assistance, to the Contracting Officer or designee.

(i) Within 7 calendar days after the Government's final acceptance of the work under this contract, or upon termination of the contract, the Contractor shall return all identification badges to the Contracting

Officer or designee.''

3 SECTION 3 – PACKAGING AND MARKING

Packaging and marking requirements will be specified at the order level, as needed.

4 SECTION 4 – INSPECTION AND ACCEPTANCE

4.1 INSPECTION AND ACCEPTANCE (COMMERCIAL)

Pursuant to 52.212-4, all work described in the SOW/PWS/SOO to be delivered under this BPA is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Government's COR, who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

5 SECTION 5 – DELIVERIES OR PERFORMANCE

5.1 PERIOD OF PERFORMANCE

The period of performance shall be for a base period of twelve (12) months as follows:

Base Period: TBD

Contractor personnel shall be required to work five (5) days per week, Monday through Friday, during regular government work hours, except for Government-observed holidays and other official leave days (e.g., due to inclement weather, Presidential inaugurations, etc.).

5.2 PLACE OF PERFORMANCE

The Contractor shall provide on-site professional legal resources services to the OGC, DHHS. The services shall be provided at the following locations:

CENTERS FOR MEDICARE AND MEDICAID SERVICES DIVISION

330 Independence Avenue, SW Room 5309, Cohen Building Washington, DC 20201

7500 Security Boulevard Room C2-05-23 Baltimore, MD 21244

GENERAL LAW DIVISION

330 Independence Avenue, SW Room 4760, Cohen Building Washington, DC 20201

Suite 2600, 330 C Street, SW Washington, DC 20201

7500 Security Boulevard, Baltimore, MD 21244

IMMEDIATE OFFICE

200 Independence Avenue, SW Room 722A, Hubert H. Humphrey Building Washington, DC 20201

REGION V

233 North Michigan Avenue, Suite 700 Chicago, IL 60601-5519

REGION IX

907th Street Suite 4-500 San Francisco, CA 94103-6705

5.3 OBSERVANCE OF FEDERAL HOLIDAYS

No services shall be performed at any Government site or deliveries made on the Federal holidays listed below. When a deliverable due date occurs on a weekend or Federal holiday, the deliverable will be due on the following Government business day. If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday. Any adjustments necessary due to a leap year will be coordinated between the Contractor and the COR.

Holiday Date 1 New Year’s Day January 1st * 2 Martin Luther King’s Birthday Third Monday in January 3 President’s Day Third Monday in February 4 Memorial Day Last Monday in May 5 Independence Day July 4th * 6 Labor Day First Monday in September 7 Columbus Day Second Monday in October 8 Veteran’s Day November 11th 9 Thanksgiving Day Fourth Thursday in November 10 Christmas Day December 25th*

* If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Presidential Inauguration Day

• Any other day designated by the President’s Proclamation

It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the TO. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this TO.

When the Federal, State, Local or other Governmental entity grants excused absence to its employees, assigned Contractor personnel may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and must be guided by the instructions issued by the CO or COR.

If Government personnel are unavailable due to furlough or any other reason, the Contractor must contact the CO or the COTR to receive direction. It is the Government's decision as to whether the TO price/cost will be affected. Generally, the following situations apply:

(1) Contractor personnel who are able to continue TO performance (either on-site or at a site other than their normal workstation), must continue to work and the TO price shall not be reduced or increased.

(2) Contractor personnel who are not able to continue TO performance (e.g., support functions) may be asked to cease their work effort. This may result in a reduction to the TO price.

5.4 DELIVERABLES AND DELIVERABLE SCHEDULE

In fulfillment of this effort, the Contractor shall complete the following deliverables. All deliverables shall be submitted to the COR, unless otherwise agreed upon.

Paralegal and Legal Administrative Support Services, the Contractor shall work closely with the OGC Lead Attorney in various capacities to achieve TO goals. Deliverables may include, but are not limited to legal briefs, draft documentation, legal research, and on-going legal support services.

5.5 MANAGEMENT/PERSONNEL REQUIREMENTS

Within 5 days of award, the Contractor shall prepare a management plan describing the use of personnel to be furnished in the performance of this call order. The plan must allow for unforeseen developments such as workload expansion, high personnel turnover, and absenteeism among the assigned employees so adequate experienced personnel are available at all times in all staffed areas.

The plan shall also consider the changes in technology and equipment that will occur during the life of this call order and provide for personnel training to support these changes.

The Contractor shall be responsible for the hiring and management of their personnel.

In the event the Contractor needs to make a substitution of key personnel, the Government requires the Contractor to submit the resume of the suggested replacement personnel for acceptance by the COR.

The Contractor shall not make any substitutions except in accordance with Section 6.7, Key Personnel clause, which requires prior acceptance by COR of any substitution of personnel.

Contractor personnel shall comply with all physical and electronic security procedures specified for the performance site.

Contractor personnel shall also comply with all rules and regulations governing the conduct of personnel in Government facilities.

5.6 MEETING REQUIREMENTS

Government/Contractor weekly/monthly meetings shall be arranged at a time mutually agreeable to both parties. The Government and Contractor shall discuss problems and deficiencies that require immediate action, and agree upon corrective actions on a mutually agreeable timetable. Discussion items may include:

• Problems and corrective actions taken since prior meetings to fulfill the call order requirements;

• Actions taken to improve performance of Contractor staff; Trends which indicate necessary changes;

• Questions regarding the call order;

• Discussions of user inquiries or complaints;

• Submission of operator’s monthly sign in/out logs to the COR

5.7 REPORTING REQUIREMENTS

Technical Progress Reports

In addition to the required reports set forth elsewhere in this Schedule, the preparation and submission of regularly recurring Technical Progress Reports will be required in any. These reports will require information about the activities undertaken during the reporting period and will require information about planned activities for future reporting periods. The frequency and specific content of these reports will be determined after award; however, the report will be required no later than monthly to the COTR.

It is estimated that two (2) copies of these reports will be required, as follows:

1. Monthly

The Contractor shall provide a written overview of activities and significant events for the month, statistics on responses to requests for information, monthly library acquisition activity, reference reports produced, conference planning activity and all other work-related areas. Due on the 15th of each month following the reporting month, the format of the report will be developed by the Contractor and approved by the COR within 30 days of call order award.

Specifically, the contractor shall provide the following data in the monthly reports:

• Detailed overview of the work performed by Contractor staff for each OGC office, division, and region.

• The hours worked by each Contractor employee logged onto a daily time sheet.

• The number of items cataloged and processed; the number of records corrected or enhanced on a cataloging worksheet provided by the Database Manager.

• A listing of equipment, software, CD-ROM products and local databases added to the workstations and network.

• The listing of people trained on each system.

• The number of interlibrary loan requests received and filled using the form

• The number of items shelved and linear feet reviewed.

Any problems with Government Furnished Equipment (GFE) items are to be reported to the COR within 4 hours.

2. Semi-Annual

The Contractor shall prepare this report, which shall consist of a summation of previously submitted progress reports. The reporting period shall consist of 6 full calendar months. A semi-annual report shall not be submitted when an Annual Report is due.

3. Annual Report

The Contractor shall prepare this report which shall consist of a summation of previously submitted semi-annual reports. The reporting period shall consist of 12 full calendar months.

Neither a monthly nor a Semi Annual Report shall be submitted when an Annual report is due.

6 SECTION 6 – ADMINISTRATION DATA

6.1 AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor’s responsibility for total management during the performance of this BPA, the administration of the BPA will require coordination between the Government and the Contractor. The following individuals will be the Government’s points of contact during performance of the BPA.

6.1.1 Contracting Officer

Stephen Crooks 12501 Ardennes Avenue, Suite 400 Rockville, MD 20857 Phone: (301)443-6557 Email: stephen.crooks@psc.hhs.gov

All communications pertaining to contractual and/or administrative matters under the BPA shall be sent to the attention of:

David Morgan, Contract Specialist 12501 Ardennes Avenue, Suite 400 Rockville, MD 20857 Phone: (301)443-7078 Email: David.Morgan@psc.hhs.gov

Note: The PSC Contracting Officer is the only individual authorized to modify this requirement.

6.1.2 Contracting Officer Representative

TBD

The Government may name a different COR to monitor any individual order.

6.1.2.1 Contracting Officers’ Representative Authority

(a) Performance of work under this BPA 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 BPA price, or the time required for BPA performance;

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

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

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

mailto:stephen.crooks@psc.hhs.gov mailto:David.Morgan@psc.hhs.gov

(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 BPA shall be subject to the terms of the clause entitled “Disputes.”

6.2 GOVERNMENT FURNISHED PROPERTY

The Government will provide office workstations and networked personal computers to Contractor personnel in all DHHS offices for on-site performance of this contract. When required, the Government may request Contractor personnel to perform support services at the Contractor’s facility(s), wherein the agreed upon contract rate will apply

The Government shall provide contract staffs with all necessary supplies (such as paper, toners for printers, etc.) for the proper functioning of the computer systems and support services; desks, chairs, telephones for business use, mail room, photocopier, and fax capabilities.

The following equipment currently exists at the DHHS facilities and is available for the Contractor’s use in the performance of this contract, along with any future Government hardware and software acquisitions:

• Personal Computers

• Network and personal printers

• Scanners for reading bar coded material

• Scanners for reading digitized material

• UNIX work stations and network servers

• Photocopiers

• Fax machines

The Government shall furnish access to the local area network (LAN), wide area networks, and on-line legal databases, and other necessary systems.

The Government shall furnish current manuals for the systems that the Contractor is required to use and/or maintain.

6.3 ACCESS TO HHS ELECTRONIC EMAIL

All Contractor staff that have access to and use of HHS electronic mail (e-mail) must identify themselves as contractors on all outgoing e-mail messages, including those that are sent in reply or are forwarded to another user. To best comply with this requirement, the contractor staff shall set up an e-mail signature ("AutoSignature") or an electronic business card ("V-card") on each contractor employee's computer system and/or Personal Digital Assistant (PDA) that will automatically display "Contractor" in the signature area of all e-mails sent.

6.4 USE OF DATA

Unless otherwise specified, all financial, statistical, personal and/or technical data furnished, produced, or otherwise available to the contractor during the performance of this BPA, are considered confidential and are property of the Federal government. The information must not be used for purposes other than performance of work under this BPA, nor released to anyone by the contractor without the prior written consent of the CO and the COR. Any presentation of statistical or analytical materials, or reports based on information obtained from any work covered by this BPA, will be subject to review by the Federal government before publication or dissemination.

6.5 PHYSICAL SECURITY/KEY CONTROL

The Contractor may be issued keys or entry cards. The contractor must safeguard the keys from loss, theft or destruction, and must produce all keys signed for, upon request by the COR. The contractor must reimburse the Federal government for lost keys, entry cards or locksets, if locksets must be replaced as a result of lost/destroyed/stolen keys. All keys issued to the contractor must be accounted for upon completion of each call order. The COR will direct the contractor regarding disposition of keys and entry cards.

6.6 INVOICE SUBMISSION

The Contractor shall submit separate invoices for each order. 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: David.Morgan@psc.hhs.gov

2. DAM mailbox: pscsas.invoices@psc.hhs.gov

3. Contracting Officer's Representative (COR): TBD

4. 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. Invoices shall be broken down by line item.

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

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.

mailto:David.Morgan@psc.hhs.gov mailto:pscsas.invoices@psc.hhs.gov

(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.

6.7 HHSAR 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.

The following individuals shall be considered key:

To Be Addressed at the BPA Call Level

7 SECTION 7 - SPECIAL CONTRACT REQUIREMENTS

7.1 PROHIBITION AGAINST PERSONAL SERVICES

The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently-governmental functions under this contract. No Contractor employee shall represent or give the appearance that he/she is a Government employee, agent or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.

Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change this contract and that if the other Contractor believes this communication to be a direction to change their contract, they shall notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall insure that all of its employees working on this contract are informed of the substance of this article. Nothing in this article shall limit the Government’s rights in any way under the other provisions of this contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this article shall be included in all subcontracts at any tier.

7.2 RESTRICTIONS ON CONTRACTOR ACCESS TO GOVERNMENT OR THIRD PARTY

INFORMATION

The purpose of this clause is to set forth the restrictions that will govern Contractor employees access to Government or third party information in order to protect the information from unauthorized use or disclosure.

A. Under this contract, the Contractor will have access to Contractor proprietary information and other nonpublic information.

B. Restrictions on use and disclosure of information.

(1) With regard to any information to which the Contractor is given access in performance of this contract, whether the information comes from the Government or from third parties, the Contractor shall:

(i) Utilize the information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard information from unauthorized use and disclosure;

(iii) Allow access to the information only to those employees who need it to perform services under this contract;

(iv) Preclude access and disclosure of information to persons and entities outside of the Contractor's organization that do not have authority to access the information;

(v) Inform employees, who may require access to information, about their obligations to utilize it only to perform the services specified in this contract and to safeguard that information from unauthorized use and disclosure; and

(vi) Ensure each employee complies with the restrictions set forth in (i), (ii), (iii), and (iv) above.

(2) Unless specifically permitted in writing by the Contracting Officer, the Contractor shall not use information acquired in performance of the contract, or generated by or for the Government to:

(i) Compete for work for the Government; or

(ii) Submit an unsolicited proposal to the Government.

(3) If the Contractor is exposed to information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall:

(i) Notify the Contracting Officer; and

(ii) Use the information only in accordance with the instructions of the Contracting Officer.

C. Breach of any of the conditions of this modification may provide grounds for the Government to:

(i) Require the contractor to remove the contract employee or employees from the performance of the contract;

(ii) Require the contractor to terminate the subcontractor;

(iii) Suspend contractor payments;

(iv) Terminate this contract for default or cause;

(v) Suspend or debar the Contractor for serious misconduct affecting present responsibility; and;

(vi) Pursue such other remedies as may be permitted by law, regulation, or this contract.

D. Unauthorized disclosure or other misuse of information protected by the Privacy Act of 1974 may result in a fine up to $5000 and /or other penalties. In addition, unauthorized disclosure or other misuse of information covered under the Federal Trade Secrets Act (18 USC 1905) may result in a fine, or imprisonment up to 1 year, or both.

E. The Contractor shall flow down this clause to subcontractors at all tiers.

7.3 PHYSICAL SECURITY

The contractor shall safeguard all Government property provided for contractor use. At the end of normal duty hours and/or after normal duty hours, all government facilities, equipment and materials must be secured.

7.4 SERVICE CONTRACT ACT WAGE DETERMINATIONS

The Contractor is bound by the Wage Determination Number 2005-2103, Rev. 16, dated July 8, 2015;

2005-2248, Rev. 17, dated July 8, 2015; 2005-2168, Rev. 17, dated July 8, 2015; and 2005-2060, Rev.

17, dated July 8, 2015; and all subsequent revisions made under this Wage Determination Number, issued by the U.S. Department of Labor, in accordance with the Service Contract Act of 1965, as amended (41 U.S.C. 351). The Contractor is put on notice that after performance begins, the Contractor is responsible for paying employees at least the applicable wage determination rate, if one exists, for the place of performance. The Department of Labor strictly enforces the Service Contract Act for all employees covered by the Act.

The above referenced Wage Determination Number is for the Washington DC; San Francisco, CA;

Baltimore, MD; and Chicago, Illinois geographical areas. If the place of performance is other than this geographical area; and therefore changes this Wage Determination Number the award will include the appropriate revised number, as necessary.

Service Contract Age Wage Determinations can be found at http:/www.wdol.gov/.

http://www.wdol.gov/

8 SECTION 8 - CLAUSES

8.1 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the BPA. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of BPA expiration.

(End of clause)

9 SECTION 9 - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

ATTACHMENT A – QASP TEMPLATE

10 SECTION 10 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO

RESPONDENTS

Section 10 is for solicitation purposes only and will be physically removed from any resultant award.

10.1 GENERAL INSTRUCTIONS

The quote must be prepared in two SEPARATE volumes: Volume I - "Technical Volume" and Volume II - "Price/Business Volume". Each of these parts shall be separate and complete in itself so that the evaluation of one may be accomplished independently of the evaluation of the other. The Request for Quote (RFQ) number should be included on the front cover of each volume.

Your quote must stipulate that it is predicated upon all the terms and conditions of this RFQ and signed by an official authorized to bind your organization. In addition, it must contain a statement to the effect that it is firm for a period of at least 60 days from the date of receipt thereof by the Government.

The Government will evaluate your quote in accordance with the evaluation criteria set forth in Section 11 of this solicitation.

This RFQ does not commit the Government to pay any of the costs associated with the preparation and submission of your quote. In addition, the Contracting Officer is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement. By submitting a quote in response to this solicitation, it is understood that your quote shall become a part of the official contract file.

10.1.1 Submission Deadline

Your quote is due by August 21, 2015 2:00 PM Eastern Time and shall be submitted via email to David.Morgan@psc.hhs.gov.

10.2 VOLUME I: TECHNICAL

The Technical volume shall be limited to 5 pages excluding all appendices/attachments except as indicated hereafter. Respondents are encouraged to be succinct and economical in their presentation.

Excessive volume and elaborate presentation are unnecessary. Tables of contents, and cover pages are not included in the page count.

The technical volume must not contain references to price; however, resource information, such as data concerning labor hours and categories, materials, subcontracts, etc., must be contained in the technical volume so that the Respondent's understanding of the scope of work may be evaluated.

The technical volume and any appendices (e.g., resumes, etc.) shall contain a response to Factors 1 and 3 as identified in Section 11. The respondent's technical approach must be disclosed in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the requirements of the technical volume instructions. The Respondent must provide clear responses, including objectives and outcomes; to each task addressing the work to be performed in Section 2. The technical volume must reflect a clear understanding of the nature of the work being undertaken. Quotes which merely offer to conduct a project in accordance with the requirements of the Government's requirements will not be eligible for award.

10.3 VOLUME III: PRICE/BUSINESS

The Respondent shall prepare a price volume that contains all information necessary to allow for a comprehensive evaluation of the prices proposed and the evaluation of Cost/Price Factor in Section 11.

The pricing information shall include the following:

a) A completed Pricing Table Section 1.4

There is no page limit for Volume III.

10.4 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) (BPA CALL ORDER)

Quoters should propose a Quality Assurance Surveillance Plan (QASP), Attachment A, as part of their technical volume. A final agreed upon QASP will be incorporated into the call order at time of award.

11 SECTION 11 - EVALUATION FACTORS FOR AWARD

Section 11 is for solicitation purposes only and will be physically removed from any resultant award.

11.1 GENERAL EVALUATION INSTRUCTIONS

Quotes must be prepared in accordance with and in compliance with the instructions given in this RFQ and address all of the requirements set forth in the Work Description/Specifications. Quotes which merely offer to conduct a program in accordance with the requirements of the Government will not be eligible for an award.

11.2 EVALUATION FACTORS

Quotes must be prepared in accordance with and in compliance with the instructions given in this RFQ and address all of the requirements set forth in Section 2. An award will be made to the vendor with the lowest price who is considered Technically Acceptable, i.e., Lowest Price Technically Acceptable (LPTA).

The Government does not anticipate requesting revisions to quotes, so Quoters should provide their best solution and price in its response to the RFQ. However, the Government reserves the right to request quote revisions that seek additional price discounts, provide revisions to the quote, or clarify aspects of the quote. In the event quote revisions are requested, the Government will not necessarily be seeking revisions from all quoters.

The criteria identified below will serve as the standard against which the quote will be evaluated and identifies the significant factors which the Quoter should address in their quotes. The evaluation of the quotes shall be based upon the completeness and thoroughness of the quote submitted. The following criteria will be used to evaluate quotes and shall be scored as indicated below:

Volume I - Technical Acceptable/Unacceptable

Volume II – Price Ranked

11.2.1 Technical

Factor 1 – Experience and Understandability

The contractor will be rated and measured on providing qualified and skilled personnel to fulfill the necessary OGC required services.

At a minimum, resumes should include:

A. Management Skills B. Education C. Previous Employment D. Accomplishments

Experience will be determined based upon the following criteria:

A. Proficiency in WordPerfect and Microsoft Office software B. Program Management C. Strong oral and written communication D. Interpersonal skills E. Multi-tasking F. Working within an organizational structure

Factor 2 – Management Plan

The contractor will be rated and measured on the management plan and technical approach provided to execute the…