Amendment 002 15DDHQ22Q00000014 signed 10142022.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

00002

N/A

Answer Questions Asked and amend language of the solicitation, and extend the closing date for proposals.

Jeffrey D. Saylor, Deputy Assistant Administrator

1. Replace Section B, in its entirety with Attachment 1.

2. Replace Sections L and M, in their entirety, with Attachment 2.

The closing date and time for the receipt of proposals is extended until 12:00PM October 28, 2022.

Drug Enforcement Administration (DEA) Office of Acquisition & Relocation Management

(FA)

All Offerors

Drug Enforcement Administration (DEA) Office of Acquisition & Relocation Management

(FA)

15DDHQ22R00000014

10/14/2022

09/26/2022

10/14/2022

15DDHQ22R00000014 Page 6

15DDHQ22R00000014 00002

Amendment 002 – Attachment 1

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. TYPE OF AGREEMENT

This is a FAR 15 Acquisition being solicited on an Unrestricted Basis. Under Administrative Management and General Management Consulting Services.” NAICS code 541611 which has a $21.5 Million revenue threshold for Small Business.

B.2. TRAVEL PRICING

Although no travel is anticipated under this Contract, should that change at any time the Contractor travel in support of this contract is subject to the Federal Travel Regulations which are incorporated by reference. Travel within fifty miles of the contractor’s residence will not be reimbursed.

B.3. CONSIDERATION AND PAYMENT

The following represents the price schedule for this contract:

Phase 1 - The Government anticipates making up to three awards as a result of this solicitation. Each Awardee shall provide an estimate for completing Phase 1 one of this project on a time and material basis with a maximum value of $150,000. It is understood and agreed as a requirement of this contract that the Government will reimburse direct labor, as well as allowable, allocable, and reasonable expenses under this contract in accordance with an indirect cost rate agreement for expenses not to exceed $150,000 per contract award.

The contractors will make presentations to the Government at the conclusion of Phase 1 and at least one awardee will have the Option exercised for Phase 2 to this project, as described below.

CLIN # Labor Hour Category(s) Estimated

Hours

Unit

Unit Price Total Price

A0001 $ $ Total Phase 1 - Base Year Not To Exceed $150,000

The purpose of Phase 1 is to develop and propose new models, data sets, and approaches for establishing (and revising) aggregate production quotas for schedule I and II controlled substances as well as new models, data sets, and approaches for establishing (and revising) individual quotas granted to DEA-registered manufacturers in a manner which ensures and adequate supply of controlled substances while also curbing oversupply. The Contractor shall have 60 days from the Contracting Officer’s Notification to Proceed to submit its recommendations for the New Quota Model Structure.

Optional Phase 2 – It is anticipated that the Option for Phase 2 will be issued within 90 days of completion of Phase 1. The Contracting Officer will issue a notification to proceed to the contractor(s) who have been selected to perform Phase 2. The contractor(s) shall provide an expansion of the proposal provided to the Government under Phase 1.

Developing a road map to implement those aspects of Phase 1 which the DEA determines to be acceptable. In accordance with FAR 16.601 the Contractor shall propose the labor categories (knowledge, skills and abilities associated with that labor category) associated with their effort on this contract. For price comparison purposes, each offeror should

15DDHQ22R00000014 Page 7

Amendment 002 – Attachment 1 provide a staffing plan based on a not-to-exceed total effort of 2,000 billable hours. For example, one offeror may propose a two-person team to include a Senior Program Manager and a Junior Program Manager with the proposal assuming the Senior PM will bill 500 hours, and the Junior PM will bill 1,500 hours. The Government will apply a price realism analysis to the labor categories and number of hours being proposed to ensure that the effort is reasonable and does not constitute “buying in” to the contract at an unreasonably low price.

Phase 2 – Base Year CLIN # Labor Hour Category Estimated

Hours Labor Hour Rate

Total Price

0001 Offeror should identify labor category name(s)

0002 $ $ 0003 $ $ 0004 $ $ Total Phase 2 - Base Year $

Add additional CLINs and Labor Hour Categories as applicable.

Optional Phase 3 - It is anticipated that Phase 3 would begin within one year from the date of contract award. Phase 3 of the contract may be exercised as a unilateral right of the Government. Phase 3 is an Optional task which will use Labor Categories from Phase 2 to provide consultation to the Government during implementation of the resulting recommendations for development of a drug diversion quota as proposed by the Contractor.

This effort, if exercised, includes assisting the Government in answering questions posed to other regulatory and oversight organizations. For evaluation purposes only, the Government will apply 500 hours for each of the offeror’s three highest priced labor categories.

Phase 3 – Optional Consultation and Analysis CLIN # Labor Hour Category Maximum

Hours Labor Hour Rate

Total Price

1001 $ $ 1002 $ $ 1003 $ $ Total Phase 3 – Option Year One $

Phase 3- Option Consultation and Analysis (Option Year Two)

Hours Labor Hour Rate

Total Price

2001 $ $ 2002 $ $ 2003 $ $ Total Phase 3 - Option Year Two $

(End of Section B)

15DDHQ22R00000014 Page 82

Attachment 2

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

OR RESPONDENTS

L.1 COMMUNICATIONS

All communications concerning the solicitation, including any of a technical nature, shall be made by email through the Contracting Officer, Jeffrey.d.saylor@dea.gov.

L.2 TIME, DATE, AND PLACE FOR SUBMISSION OFFER

Phase 1 —

Phase 1 shall include a written Business Offer, and a Technical proposal. One (1) original of the Business Offer (Volume II), in a Microsoft Office Compatible format, is due by email to Jeffrey.d.saylor@dea.gov at the date and time identified in Amendment 002 with the written portion of the Phase 2 Offer.

L.3 INSTRUCTIONS TO OFFERORS

a) Offer shall conform to the Request for Proposal (RFP) clauses and provisions and be prepared in accordance with this section.

b) Offer shall be clearly marked with the RFP number and title. The Offeror shall submit its Proposal in Microsoft Office compatible files to Jeffrey.D.Saylor@dea.gov.

c) The written portion of the Offer shall be submitted in electronic format, and must be clearly and concisely written, neat, indexed, and logically assembled. The Offer shall be prepared in two separate volumes: Volume 1. Technical Offer, and Volume 2. Business Offer. The Offeror is cautioned that evaluation of each volume will be conducted independently. Therefore, if the required content is not present in the volume being evaluated, it will not be considered.

i) Technical Offer (Volume 1) - General – One (1) written Technical Offer (Factors 1, 2, and

3) shall be submitted and address the requirements of the Statement of Work (SECTION C.3) for the evaluation factors specified. It will be evaluated in accordance with the evaluation factors below. The Offer shall be specific and complete in every detail. The Offer shall be typed, double-spaced, with one-inch margins, using Times New Roman font, 12 pitch type (or Equivalent) and printed, unreduced in size, cm 8 1/2” by 11” page, not exceeding 30 pages, single sided. Any pages in excess of the page limitation will be disregarded and will not be included in the Offer evaluation.

ii) Business Offer (Volume 2) – General – The Business Offer shall include required business information specified below and the completed Excel Pricing Sheet (Exhibit 1). A labor category name, fully burdened hourly rate for each Contract Line Item Number multiplied by the offeror’s estimated quantity for completing that phase . Non-labor costs may be included with a detail price estimate under a category identified as “Other direct costs”. There is no page limitation for the Business Offer.

15DDHQ22R00000014 Page 83

L.4. TECHNICAL OFFER (VOLUME I) INSTRUCTION

Technical Offers are to be prepared in a format that will facilitate the evaluation. Accordingly, Offers shall be structured in such a way as to address, separately, each of the evaluation factors specified below. Factors are in descending order of importance; sub-factors are of equal importance.

Factor 1 – Technical Capability Factor 2 – Staffing Plan Factor 3 – Past Performance

Factor 1: Technical Capability

The Offeror shall describe the offeror’s experience with the subject matter of this solicitation including the experience of the specific management team in this field of expertise. The Offeror shall demonstrate how the offeror intends to manage the collection of information and use this approach to perform the requirements of the Statement of Work. The technical capability shall also address the Offeror’s: (1) approach to recruiting and retaining qualified personnel and facilitating rapid security clearances for those personnel; and (2) approach to utilizing and maximizing sub-contractors if they will be proposed.

Factor 2: Staffing Plan

The Offeror shall provide a detailed Staffing Plan for this contract, that has two subfactors:

A) Key Personnel – the offeror shall identify individuals by name and curriculum vitae that will manage and lead this effort on behalf of the offeror. The Offeror shall identify the key personnel’s role in supporting this effort for Phase 1 and Phase 2 of the Statement of Work. The Offeror may provide resumes and/or letters of intent for key personnel.

B) Staffing Pattern – The Offeror shall identify all labor categories; the knowledge, skills and abilities of that labor category, and the estimated level of effort in support by labor category each of the phases of this solicitation.

Factor 3: Past Performance The Offeror shall provide a list of up to three (3) successful contracts with past performance history from the past three (3) years that are representative of the Offeror’s capability to provide services with similar scope, magnitude, and complexity to that stated in the Statement of Work (SOW). The Offeror shall provide sufficient information in writing to facilitate the Government’s considerations of this factor.

Contracts listed may include those entered into with the Federal Government, agencies of state and local Governments, and commercial customers. Include the following information for each contract:

Name, address, and telephone number of each contracting organization/customer and name and facsimile and telephone number of the Project Officer and Contracting Officer;

Contract numbers, types and total contract dollar values;

Periods of performance including the original planned completion date and actual completion date with an explanation for any variance;

Discussion of the similarities and differences between this proposed effort and the specifications of those contracts; and A brief description of the expectations and scopes of each of the contracts.

15DDHQ22R00000014 Page 84

The Government may supplement the information provided by the Offeror with information the Government obtains through reference checks, its own knowledge/experience, and/or from other sources. These sources may include, but not necessarily be limited to, other Government contracting offices and Performance Assessment Reporting System (CPARS) and FAPIIS. Past performance will be a subjective assessment based upon all relevant facts and circumstances including contract past performance for smaller requirements.

L.6 BUSINESS OFFER (VOLUME II) INSTRUCTIONS

PRICE OFFER (PHASE 2)

The Offeror shall propose a price per contract line item number (CLIN) in Section B, and support the CLIN using the labor categories and hourly rates proposed by the Offeror to perform the work under this solicitation. The Offeror’s hourly rates shall include all direct and indirect costs associated with the CLIN or other services not separately priced. If the Offeror includes an Other Direct Cost line item, the line item must be supported by general estimate of costs and a basis for that estimate.

NOTE: The labor categories and hourly rates of the successful Offeror will be included in any resulting contract.

OTHER BUSINESS INFORMATION TO BE FURNISHED:

a) Company Information

b) Business size

c) Offeror Representations and Certifications-Commercial Items (DUNS # for

SAM).

d) NAICS code

e) Terminations. List any contract(s) terminated (partial or complete) within the past 5 years and basis for termination (convenience, default, or no cost settlement). Include the contract number, name, address, and telephone number of the terminating officer.

f) DEA-2852.209-70 – Organizational Conflicts of Interest. Provide any disclosure/description of the actions that the Offeror has taken, or proposes to take in order to avoid, mitigate, or neutralize the risk to the Government in case of a potential conflict.

g) Section K, Representations and Certifications.

(End of Section L)

15DDHQ22R00000014 Page 85

SECTION M – EVALUATION OF OFFERS AND BASIS FOR AWARD

M.1. BASIS OF EVALUATION FOR AWARD

The Government will make award to up to three responsive, responsible Offeror(s) from whose Offers are the most advantageous to the Government, price and other factors considered. All evaluation factors other than cost/price, when combined, are significantly more important than cost or price. As technical differences narrow between Offers, cost/price will become more important. If there are no significant technical differences between Offers, cost/price alone may be the determining factor for source selection. Award will be based on Best Value using the Trade Off method. The Government may or may not award to the lowest priced Offeror(s) or highest technically rated Offeror(s). The agency will not make an award at a price premium it considers disproportionate to the benefits associated with the evaluated technical superiority of one Contractor over another.

M.2. EVALUATION OF TECHNICAL OFFER (VOLUME I)

The Government shall evaluate the Technical Proposal (Volume I) based on the evaluation factors listed below.

Factors are listed in descending order of importance; sub-factors are of equal importance.

Factor 1: Technical Capability

The Government will assess the offeror’s organizational experience with the subject matter of this solicitation including the experience of the specific management team in this field of expertise. The Government will assess the level of confidence for the Government in the offeror’s ability to demonstrate how the offeror proposes to manage the collection of information and use this approach to effectively perform the requirements of the Statement of Work. The Government will also assess the offeror’s technical capability to: (1) recruit and retain qualified personnel and facilitate rapid security clearances for those personnel; and (2) manage sub-contractors if they are applicable.

Factor 2: Staffing Plan

For this Factor, the Government will assess each of the following Sub-factors:

Key Personnel – The Government will assess its level of confidence in the Offeror team’s ability to maximize the knowledge, skills and abilities to draw from complementary external data sources and DEA specific data sources to formulate a single valid and replicable recommendation to the Government. The Government will consider the Offeror’s provision of resumes and/or letters of intent for key personnel in making this assessment.

Staffing Pattern – The Government will assess the Offeror’s likelihood of successful completion of this requirement based on the proposed labor categories; the knowledge, skills and abilities of those labor categories, and the estimated level of effort in support by labor category each of the phases of this solicitation.

Factor 3: Past Performance The Offeror will provide reference to past projects that were equivalent in size, complexity and /or speed to a deliverable that was performed in the past three (3) years. Specifically, the Government will evaluate the Offeror’s capability to provide services with similar scope, magnitude, and complexity to that stated in the Statement of Work (SOW). Information from the Offeror will be considered as well as information obtained from other sources, which may include the past and present customers and employees, the Government’s own knowledge/experience, and/or from any other sources such as

15DDHQ22R00000014 Page 86

Attachment 2

Contracting offices, CPARS, FAPIIS, etc. The Government may also contact other federal Government agencies, state and local Government agencies, consumer protection organizations, Better Business Bureau, former and present sub-contractors, and/or others who may have pertinent information.

M.3. EVALUATION OF BUSINESS OFFER (Volume II)

The Offeror’s Phase 1, Phase 2 and Phase 3 price estimates will be evaluated using techniques specified in FAR 15.404-1 Offer analysis techniques, which may include, but not limited to, comparison to the Independent Government Cost Estimate (IGCE), reasonableness and price realism (not cost realism) at the bottom line grand total for all five years. The Government will also evaluate the written Business Offer. Specifically, the Government will ensure that all required information is provided pursuant to the solicitation instructions including, but not limited to, completion of DEA-2852.209-70 – Organizational Conflicts of Interest. The Government will evaluate any disclosure/description of the actions that the Offeror has taken, or proposes to take in order to avoid, mitigate, or neutralize the risk to the Government.

(End of Section M)

Solicitation 15DDHQ22R00000014 Questions and Answers

RFP Section Subsecti on/Para

Page Relevant RFP Language Question Answer

SECTION B -

SUPPLIES OR

SERVICES AND

PRICES/COSTS

B.3 Phase 2 and 3

7 For price comparison purposes, each offeror should provide a staffing plan based on a not-to-exceed total effort of 2,000 billable hours.

For evaluation purposes only, the Government will apply 500 hours for each of the offeror’s three highest priced labor categories.

Does the government intend to limit phase 2 to 2,000 hours and phase 3 to 1,500 hours or are hours only for price comparison purposes and final hours will be determined at the completion of phase 1?

See Amendment 002

SECTION B -

SUPPLIES OR

SERVICES AND

PRICES/COSTS

B.3 Phase 1, 2, and 3

7 The Government anticipates making up to three awards as a result of this solicitation. Each Awardee shall provide an estimate for completing Phase 1 one of this project with a maximum Fixed Price of $150,000.

Can the government clarify what contract type Phase 1, 2, and 3 will be?

See Amendment 002

SECTION B -

SUPPLIES OR

SERVICES AND

PRICES/COSTS

B.3 Phase 2 and 3

7 For price comparison purposes, each offeror should provide a staffing plan based on a not-to-exceed total effort of 2,000 billable hours

Can the government confirm what it means by "for comparison purposes"? Will Phase 2 and Phase 3 final hours be determined after Phase 1 completion?

See Section M, BUSINESS OFFER

(VOLUME II) EVALUATION

(PHASE 2)

SECTION B -

SUPPLIES OR

SERVICES AND

PRICES/COSTS

B.3 Phase 3

7 Phase 3 - Option Consultation and Analysis (Option Year Two)

What is the intent behind providing two pricing tables for phase 3? How should respondents complete CLINs 1001, 1002, 1003 compared to 2001, 2002, and 2003?

CLINs 1001, 1002, and 1003 would be the rates incurred during a first option year, and 2001, 2002, and 2003 represent the hourly rates associated with the second option year of the contract. In the event that the Government receives a challenge to the proposed policy, the Contractor would provide support to the Government in resolving this challenge.

SECTION B -

SUPPLIES OR

SERVICES AND

PRICES/COSTS

B.3 7 The Government anticipates making up to three awards as a result of this solicitation.

If more than one contract is awarded, how will the government evaluate which recommendations are implemented in phase 2 and phase 3? How will these companies be expected to engage and collaborate? Will information about recommendations be shared across companies?

The Government will select the Contractor whose proposed approach provides a documented replicable process to effectively and efficiently address the goals of this contract. However, the Government does not wish to preclude combining two approaches and having two contractors’ teams with the Government collaboratively on a unified approach.

SECTION F –

DELIVERIES OR

PERFORMANCE

F.1 13 The period of performance of base period of this contract begins on [DATE TBD] and ends on [DATE TBD].

Can the government clarify the intended period of performance length for Phase 2 and Phase 3?

Phase 2 and Phase 3 are bounded by the initiation and completion of that Phase. In other words, Phase 2 is internal to the DEA while Phase 3 is the vetting of the proposal outside of the DEA.

SECTION G –

CONTRACT

ADMINISTRATION

DATA

G.1 17 The offeror or contractor shall instruct any prospective or current employee meeting the criteria in paragraph (a), above, to complete and sign a DEA Contractor Ethics Questionnaire. The questionnaire is available for download at https://www.dea.gov/sites/default/files/2020- 06/contractor_ethics_questionnaire_jan_2020 .pdf.

When the intent to employ such individual is known prior to the award of a new contract or order, the contractor shall submit the employee’s completed questionnaire and résumé to DEA concurrently with its proposal.

When the intent is to employ such individual under an existing contract or order, the contractor shall submit the completed questionnaire and résumé electronically to

Should an offeror employee a former DEA employee who has already obtained an Ethics/Contracting opinion, will the Government be seeking offerors to obtain an additional opinion from DEA?

These DEA's ethics reviews are specific to the set of circumstances raised by the DEA employee and the legal opinion given. A general answer can not be provided to this question.

https://www.dea.gov/sites/default/files/2020-06/contractor_ethics_questionnaire_jan_2020.pdf https://www.dea.gov/sites/default/files/2020-06/contractor_ethics_questionnaire_jan_2020.pdf the cognizant DEA contracting officer AND ethicsFAC@dea.gov.

SECTION H –

SPECIAL

CONTRACT

REQUIREMENTS

H.8.b 48 The following individual is hereby designated as Key Personnel in the performance of this contract:

Are key personnel being requested to be designated for this contract?

See Amendment 002.

SECTION J – LIST

OF EXHIBITS AND

ATTACHMENTS

J.1 72 Exhibit 1: Contractor Responsibilities The contract language lists two exhibits called "Exhibit 1"; Exhibit 1: Contractor Responsibilities in Section J.1 and Exhibit 1 - Pricing Sheet in Section L.3. Should respondents provide both exhibits in submission?

See Amendment 002. Reference to Exhibit 1 Pricing Sheet in Section L.3. is being deleted.

SECTION M –

EVALUATION OF

OFFERS AND

BASIS FOR

AWARD

M.3 and M.4

94 M.3 Business Offer (Volume I) Evaluation (Phase I) - Factor 1: Technical Capability M.4 Technical Offer (Volume I) Evaluation (Phase I) - Factor 1: Technical Capability

On page 95, the Phase 1 Advisory Down Select evaluation factors lists 3 categories but the Evaluation criteria on page 97 lists 6 separate criteria. Can the Government please clarify which set of evaluation criteria will be used?

See Amendment 002

SECTION M –

EVALUATION OF

OFFERS AND

BASIS FOR

AWARD

M.3 94 Knowledge, skills and abilities of Key Personnel. The Government will assess its level of confidence in the Offeror team’s ability to demonstrate the knowledge, skills and abilities to draw from complimentary external data sources and DEA specific data sources to formulate a single recommendation to the Government at the end of Phase 1.

The government states on pg. 50 that resumes are not requested, but factor 1 evaluation criteria includes "knowledge, skills, and abilities of Key Personnel". How will key personnel knowledge, skills, and ability be evaluated without resumes?

See Amendment 002

EXHIBIT 1 Exhibit 1.D

Exhibit 1 p.8

I, (Contractor Personnel Printed Name) have read and understood the requirements of the above-listed Contractor Responsibilities and all the documents attached or referenced herein.

Should the contractor responsibilities sheet be completed and provided with the phase 1 submission? If so, who from the submitter should sign given it asks for "contractor personnel" printed name and signature?

See Amendment 002 mailto:ethicsFAC@dea.gov

EXHIBIT 1 Facility Security Require ments

Exhibit 1 p.2

It is expected that all work will be performed at the Government (DEA) site, or by accessing by DEA telecommunications systems and networks.

Can the government confirm this work will performed primarily off-site? Exhibit 1 states "It is expected that all work will be performed at the Government (DEA) site" but page 13 of the RFP, Section F.2 Places of Performance states "Place of performance is the Contractor's facility."

The Government requires that its data remain secure under all circumstances, however the offeror will also be able to complete work at its facility.

EXHIBIT 1 Exhibit 1.B

Exhibit

1. p.5

All work performed under the Contract may require access to one or more of the following categories of protected information:

Personally Identifiable Information, DEA Sensitive (including, Sensitive But Unclassified, Law Enforcement Sensitive and Controlled Unclassified Information), Secret, Top Secret, or Top Secret with SCI Access.

Can government confirm that a public trust clearance is required?

• The personnel security access level is Sensitive But Unclassified

(SBU).

• The Security Provision is DEA- 2852.204.83.

• A DD Form 254, Contract Security Classification Specification, is not required.

SECTION C -

DESCRIPTION/SPE

CIFICATIONS/STAT

EMENT OF WORK

C.2 and C.3

8-9 DEA is required to consider an estimate of diversion when establishing the APQ for five opioid controlled substances

As described in Section C.2 on p. 9-10, DEA is required to consider an estimate of diversion when establishing the APQ for five opioid controlled substances. The description of Phase 1 in Section C.3 (Statement of Work) on p. 10 does not specifically mention the estimate of diversion. Is it DEA’s intent that the Offeror include an assessment of the estimate of diversion, and propose new approaches, data sources, and models for the estimate of diversion as in input to the APQ process?

Or should the Offeror consider the estimate of diversion to be an input provided by DEA, and not in scope for separate assessment?

Offerors are encouraged to demonstrate their superior understanding of the DEA’s program and procedures. That will improve an offeror’s rating for “technical capability”.

SECTION C -

DESCRIPTION/SPE

CIFICATIONS/STAT

EMENT OF WORK

And

SECTION F –

PERFORMANCE

B.3 C.2 F.3

9-10 p.9 To strengthen the effectiveness of the quota program and help prevent diversion, Congress passed the SUPPORT Act in October 2018. That statute directed DEA to consider diversion when establishing the APQ for five opioid controlled substances (fentanyl, hydrocodone, hydromorphone, oxycodone and oxymorphone). DEA was directed to consider the rates of overdose deaths and abuse, and the overall public health impact, when making determinations of APQ for those five substances. In both its estimation of diversion for these substances identified in the SUPPORT Act and in its determination of APQ more generally, DEA must remain agile and innovative to keep pace with evolving technology and marketing practices.

F.3 p.17. Phase 1 is a “high-level task,” but also that the Offeror would “propose practicable recommendations which can be implemented immediately.”

The RFP language states in Section C.3 on p. 10 that Phase 1 is a “high-level task,” but also that the Offeror would “propose practicable recommendations which can be implemented immediately.”

a. Is it expected that the Offeror’s recommendations at the end of Phase 1 would be sufficiently detailed to allow the Offeror to immediately provide recalculated APQ amounts as well as individual manufacturing and procurement quotas, relying on the data used for the Phase 1 assessment? Or is it fine if the early part of the Phase 2 implementation determines the specific methods to link the data and perform the calculations?

b. Similarly, the Phase 1 Report described in F.3 on p. 17 includes “a [recommended] new model for DEA setting and adjusting the APQ and issuing individual manufacturing and procurement quotas.” To appropriately calibrate/test a model, it is generally necessary to analyze the relevant data and conduct sensitivity/robustness checks. Is it expected that within the Phase 1 budget the new model will cover conceptual recommendations and Phase 2 will cover the data analysis/robustness checks or is it expected that the Offeror will analyze the data and perform the calibration checks all in Phase 1?

a. No Amendment is necessary, the offeror will be provided clarification before issuance of the Contracting Officer’s notification to proceed.

b. No Amendment is necessary, the offeror will be provided clarification before issuance of the Contracting Officer’s notification to proceed.

CIFICATIONS/STAT

EMENT OF WORK

C.3 F.3

Section C.3 on p. 10 briefly describes “developing an approach for implementing an APQ under Phase 2,” but does not include a section for Phase 2 below the section for Phase 1. Section F.3 (Deliverables) describes Phase 2 beginning with the “coordination of a management plan” and a

Could you provide more information on the intended scope (e.g., end goals, final deliverables) for Phase 2?

Section C.3 on p. 10 briefly describes “developing an approach for implementing an APQ under Phase 2,” but does not include a section for Phase 2 below the section for Phase 1. Section F.3 (Deliverables) describes Phase 2 beginning with the “coordination of a management

No Amendment is necessary, the offeror will be provided clarification before issuance of the Contracting Officer’s notification to proceed.

PERFORMANCE

“monthly management report” but does not describe the intended end goals or final deliverables for Phase 2.

plan” and a “monthly management report” but does not describe the intended end goals or final deliverables for Phase 2.

PERFORMANCE

SECTION G –

CONTRACT

ADMINISTRATION

DATA

F.3 G.1 Phase 1

14 &

Is it expected that the Offeror will continue to adjust the APQ approach during Phase 2? For example, would the Offeror reassess its recommendations during the later years? At what point would the “recommendations for longer-term reforms” from the Phase 1 report be implemented, and how would their scope be defined?

Phase 2 will build on the work of Phase 1, which may include further refinement of the model, or expanding the pool of data. See p.16 Identify challenges and describe proposed recommendations which can be implemented immediately for APQ determinations and adjustments under 21 CFR 1303.13 (and any individual quotas granted under the APQ), as well as recommendations for longer-term reforms.

SECTION L –

INSTRUCTIONS,

CONDITIONS, AND

NOTICES TO

OFFERORS OR

RESPONDENTS

L.3 Phase 2

88 Phase 2 shall include a written Business Offer, Excel Pricing Sheet, and Oral Presentation. One (1) original of the Business Offer (Volume II), in a Microsoft Office Compatible format, is due by email to Jeffrey.D.Saylor@dea.gov on or before October 13, 2022 11:00 AM Eastern Standard Time with the written portion of the Phase 2 Offer, the Offeror shall provide all items listed in #6 below. Oral Presentations shall be conducted as described in this Section and Factor 4 in #5 below. It is anticipated that Oral Presentations will take place over a three-week period beginning

On p. 88, the RFP states a deadline of October 13 for submission of a Business Offer for Phase 2. The 9/26/2022 amendment does not refer to this date.

Considering that October 13 precedes the revised October 17 deadline for Phase 1 proposals, should this date also be revised? If so, would it again be 10 days after submission of Phase 1 proposals?

On p. 88, the RFP states that the Offeror shall “provide all items listed in #6 below” with the written portion of the Phase 2 Offer. We were not able to locate where in the RFP the “#6” referred to here is located. Could you please provide the list of required items, and/or identify the page number and paragraph to which #6 refers?

approximately one week following receipt the Phase 2 Business Offer.

CIFICATIONS/STAT

EMENT OF WORK

SECTION L –

INSTRUCTIONS,

CONDITIONS, AND

NOTICES TO

OFFERORS OR

RESPONDENTS

L.4 Phase 2 p.89

p. 91 p.92

L.4 - TECHNICAL OFFER (VOLUME I)

INSTRUCTION

What are the specific expectations for the level of detail in the Phase 2 proposal? If the intent of Phase 2 is to implement the recommendations DEA would like to adopt from across the three vendors in Phase 1, the scope of the recommendations will not yet be known either before the submission date for the initial proposal and/or the Business Offer date. Could you please provide some guidance on how you would like the uncertainty to be addressed in the proposal?

a. Relatedly, will DEA accept a range for the cost and effort estimate for Phase 2?

INSTRUCTIONS,

CONDITIONS, AND

NOTICES TO

OFFERORS OR

RESPONDENTS

L.2 Phase 2

L.3 Phase 2

87-.88 p.85 Offeror will be notified one week in advance of the exact due date and time for its Oral Presentation. Written analytical exercises with requested findings will be provided with this advance notification.

p.87 - i) Phase 2 Oral Presentation Rules of Engagement are as follows:

On p. 85, the RFP describes “written analytical exercises with requested findings” for the Phase 2 Oral Presentation.

a. When will these exercises be provided?

b. To what extent will they be focused on quota-specific issues vs. a more general assessment?

c. Is the Oral Presentation expected to cover topics other than solutions to the analytical exercises?

INSTRUCTIONS,

CONDITIONS, AND

NOTICES TO

OFFERORS OR

RESPONDENTS

L.1 85 General Questions. Is there an opportunity to ask other questions about Phase 2 prior to the proposal submission date? For example, if additional questions are generated during the initial Phase 1 discussions, would there be an opportunity to ask such questions?

CONTRACT

REQUIREMENTS

H.1 and

EXHIBIT

26-27 38-47

There are at least three different sets of security requirements. Section H1 states that the access level is “DEA Sensitive” and that the requirements are provided in Section J, but the table in Section J is blank. Pages 26- 27 are terms that reference “personnel providing hazardous waste transportation and disposal services,” and references contractor personnel as “drivers, transporters, hazmat technicians, chemist, labor support, or administrative support.” Pages 38-47 contain similar, but not identical, requirements that seem more generally applicable. Exhibit 1 is an acknowledgement to be signed by “Contractor Personnel,” upon request by the CO, which covers numerous security provisions that are in some ways inconsistent with the terms in Section H1.

Which security requirements apply to this contract?

There are at least three different sets of security requirements. Section H1 states that the access level is “DEA Sensitive” and that the requirements are provided in Section J, but the table in Section J is blank. Pages 26-27 are terms that reference “personnel providing hazardous waste transportation and disposal services,” and references contractor personnel as “drivers, transporters, hazmat technicians, chemist, labor support, or administrative support.” Pages 38-47 contain similar, but not identical, requirements that seem more generally applicable. Exhibit 1 is an acknowledgement to be signed by “Contractor Personnel,” upon request by the CO, which covers numerous security provisions that are in some ways inconsistent with the terms in Section H1.

Pages 26-27 do not apply to this requirement.

Pages 38-47 refer to the security clearance process for contractor personnel that will work on this contract.

CONTRACT

REQUIREMENTS

H.7 48 H.7, entitled, “Limitations on Future Contracting,” refers to “restrictions specified in paragraph (b),” but there is no paragraph b.

Does section H.6 include a paragraph (b)?

H.6, entitled, “Limitations on Future Contracting,” refers to “restrictions specified in paragraph (b),” but there is no paragraph b. Can you clarify whether any restrictions apply, as the language of the clause implies that it operates as a restriction on future contracting?

Although there is no paragraph (b) which would identify a known contract requirement that may create an organizational conflict of interest for the contractor, the contractor is on notice that it would be restricted from competing for work that would be available to the contractor under this contract, that would provide an unfair competitive advantage to the contractor as described in FAR Subpart 9.5 - Organizational and Consultant Conflicts of Interest.

https://www.acquisition.gov/far/subpart-9.5?searchTerms=conflict%20of%20interest https://www.acquisition.gov/far/subpart-9.5?searchTerms=conflict%20of%20interest https://www.acquisition.gov/far/subpart-9.5?searchTerms=conflict%20of%20interest

EXHIBIT 1 Exhibit 1 99 Exhibit 1 includes terms such as a prohibition on associating with family members who are engaged in or suspected of engaging in ongoing criminal activity (Section A(2)(b)), an obligation to report any felony or drug-related offense by a spouse, domestic partner, or child (Section A(2)(c)), a prohibition from using “company” computers for DEA work (Section B(1)(c)), and an obligation to appear in person before a DEA official to verify identity (Section B(2)(a)).

Is Exhibit 1 required for Contractor employees who are not on-site at DEA?

If they are working on the resulting contract, Yes.

Government Furnished Resources

H.2 I.10

SECTION G – Contract Administration Data SECTION H – Special Contract Requirements SECTION I – Contract Clauses

Is it DEA’s intent that the Contractor work on its own systems (with data provided by secure transfer from DEA), or that the Contractor will need to work on DEA systems? If working on DEA systems, will DEA provide laptops with necessary analytical software, or will the Contractor access systems remotely?

The Contractor staff shall work on DEA systems for much of the work under this contract, but not all.

15DDHQ22R00000014

[Document title]

DRUG ENFORCEMENT ADMINISTRATION (DEA)

OFFICE OF ACQUISITION & RELOCATION MANAGEMENT

CONTROLLED SUBSTANCES TRANSPORTATION

REQUEST FOR PROPOSAL (RFP or “solicitation”)

TABLE OF CONTENTS

TABLE OF CONTENTS

PART 1 – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. TYPE OF AGREEMENT

B.2. TRAVEL PRICING

B.3. CONSIDERATION AND PAYMENT

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

C.2 BACKGROUND

C.3 STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

D.1 DELIVERABLES

D.2 COMMERCIAL PACKAGING

D.4 MARKINGS

D.5 EQUIPMENT REMOVAL

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 ACCEPTANCE CRITERIA

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

F.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.3 DEA-2852.211-70 PERIOD OF PERFORMANCE (BASE AND OPTIONS) (MAY 2012)

F.4 DELIVERY

F.5 PLACES OF PERFORMANCE

F.6 NOTICE OF DELAYS TO THE GOVERNMENT

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 REQUIREMENTS

G.2 TECHNICAL DIRECTION

G.3 INTERPRETATION OR MODIFICATION

G.4 DEA-2852.203-70 FORMER EMPLOYMENT OR ASSIGNMENT WITH THE DEA (SEP 2021) 16

G.5 DEA-2852.211-71 SCHEDULED AND UNSCHEDULED CLOSURES OF GOVERNMENT

OFFICES (JUL 2021)

G.6 DEA-2852.242-70 CONTRACTOR PERFORMANCE ASSESSMENT (MAR 2020)

G.7 DEA-2852.242-71 INVOICE REQUIREMENTS (MAY 2012)

G.8 DEA-2852.242-72 FINAL INVOICE AND RELEASE OF RESIDUAL FUNDS (MAY 2012)

G.9 DEA-2852.242-73 – CONTRACTING OFFICER’S REPRESENTATIVE (COR) (MAY 2012)

G.10 DEA-2852.242-74 - CONTRACT ADMINISTRATION POINTS OF CONTACT (MAY 2012)

G.11 CONTRACTING OFFICER’S AUTHORIY

G.12 DEA-2852.242-81 CONTRACTOR RECORDS MANAGEMENT REQUIREMENTS (SEP 2020) 23

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. SECURITY REQUIREMENTS

H.3 GOVERNMENT FURNISHED PROPERTY

H.4 NONPAYMENT FOR ADDITIONAL WORK

H.5 INCORPORATION OF CONTRACTOR’S PROPOSAL

H.6 DEA-2852.209-70 ORGANIZATIONAL CONFLICT OF INTEREST (SEP 2021)

H.7 DEA-2852.209-71 LIMITATIONS ON FUTURE CONTRACTING (MAY 2021)

H.8 DEA-2852.242-76 KEY PERSONNEL (JAN 2014)

H.9 DEA-2852.231 70 TRAVEL REQUIREMENTS FOR CONTRACTORS (JANUARY 2015)

H.10 DEA-2852.203-71 REQUIREMENT FOR NOTIFICATION OF CONTRACTOR EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JAN 2017)

H.11 DEA-2852.203-72 WHISTLEBLOWER INFORMATION DISTRIBUTION (OCT 2021)

H.12 DEA-2852.204-78 CONTRACTOR PERSONNEL REPORTING REQUIREMENTS (MAY 2019) 51

H.13 DEA-2852.204-80 CONTRACTOR RESPONSIBILITY FORM CERTIFICATION (SEP 2021)

H.14 DEA-2852.237-70 PREVENTING PERSONAL SERVICES CONTRACTS AND PERFORMANCE

OF INHERENTLY GOVERNMENT FUNCTIONS (JUN 2018)

H.15 DEA-2852.239-71 INFORMATION RESELLERS OR DATA BROKERS (MAY 2012)

H.16 DEA-2852.239-73 SECURITY OF DOJ INFORMATION AND SYSTEMS (AUG 2015)

H.17 DEA-2852.242-82 DOJ REPORTING SYSTEM FOR REPORTABLE PERSONNEL SECURITY

RELATED ACTIVITIES (NOV 2021)

H.18 DEA-2852.242-81 CONTRACTOR RECORDS MANAGEMENT REQUIREMENTS (SEP 2020) 61

H.19 DEA-2852.242-77 PERMITS AND LICENSES (MAY 2012)

H.20 DEA-2852.242-78 APPROVAL REQUIRED FOR ADVERTISING AND MEDIA RELEASES

(MAY 2012)

PART II—CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 CLAUSES INCORPORATED BY FULL TEXT

I.3 52.204-21 BASICS BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021)

I.4 52.216-18 ORDERING (OCT 1995)

I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.7 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021 (DEVIATION)

I.8 DEA-2852.218-70 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC

INFLUENZA OUTBREAK OR OTHER BIOMEDICAL EMERGENCY OR CATASTROPHE (JUL

2021)

I.9 DEA-2852.242-72 FINAL INVOICE AND RELEASE OF RESIDUAL FUNDS (MAY 2012) . 70

I.10 DEA-2852.245-70 GOVERNMENT FURNISHED RESOURCES (MAY 2012)

I.11 JAR-2852.222-71 DOMESTIC VIOLENCE, SEXULA ASSAULT, AND STALKING (MAR

2020) 71

PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF EXHIBITS AND ATTACHMENTS

J.1 EXHIBITS

J.2 ATTACHMENTS

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

K.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

K.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.4 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021)

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L.1 COMMUNICATIONS

L.2 TIME, DATE, AND PLACE FOR SUBMISSION OFFER

L.3 INSTRUCTIONS TO OFFERORS

L.4. TECHNICAL OFFER (VOLUME I) INSTRUCTION

L.6 BUSINESS OFFER (VOLUME II) INSTRUCTIONS

SECTION M – EVALUATION OF OFFERS AND BASIS FOR AWARD

M.1. BASIS OF EVALUATION FOR AWARD

M.2. EVALUATION OF TECHNICAL OFFER (VOLUME I)

EXHIBIT 1 – CONTRACTOR RESPONSIBILITIES (9 PAGES)

15DDHQ22R00000014 Amendment 00002

PART 1 – THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

[Insert Standard Form 33, Solicitation, Offer and Award]

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. TYPE OF AGREEMENT

This is a FAR 15 Acquisition being solicited on an Unrestricted Basis. Under Administrative Management and General Management Consulting Services.” NAICS code 541611 which has a $21.5 Million revenue threshold for Small Business.

B.2. TRAVEL PRICING

Although no travel is anticipated under this Contract, should that change at any time the Contractor travel in support of this contract is subject to the Federal Travel Regulations which are incorporated by reference. Travel within fifty miles of the contractor’s residence will not be reimbursed.

B.3. CONSIDERATION AND PAYMENT

The following represents the price schedule for this contract:

• Phase 1 - The Government anticipates making up to three awards as a result of this solicitation. Each Awardee shall provide an estimate for completing Phase 1 one of this project on a time and material basis with a maximum value of $150,000. It is understood and agreed as a requirement of this contract that the Government will reimburse direct labor, as well as allowable, allocable, and reasonable expenses under this contract in accordance with an indirect cost rate agreement for expenses not to exceed $150,000 per contract award.

The contractors will make presentations to the Government at the conclusion of Phase 1 and at least one awardee will have the Option exercised for Phase 2 to this project, as described below.

CLIN # Labor Hour Category(s) Estimated

Unit

Unit Price Total Price

A0001 $ $ Total Phase 1 - Base Year Not To Exceed $150,000

The purpose of Phase 1 is to develop and propose new models, data sets, and approaches for establishing (and revising) aggregate production quotas for schedule I and II controlled substances as well as new models, data sets, and approaches for establishing (and revising) individual quotas granted to DEA-registered manufacturers in a manner which ensures and adequate supply of controlled substances while also curbing oversupply. The Contractor shall have 60 days from the Contracting Officer’s Notification to Proceed to submit its recommendations for the New Quota Model Structure.

• Optional Phase 2 – It is anticipated that the Option for Phase 2 will be issued within 90 days of completion of Phase 1. The Contracting Officer will issue a notification to proceed to the contractor(s) who have been selected to perform Phase 2. The contractor(s) shall provide an expansion of the proposal provided to the Government under Phase 1.

Developing a road map to implement those aspects of Phase 1 which the DEA determines to be acceptable. In accordance with FAR 16.601 the Contractor shall propose the labor categories (knowledge, skills and abilities associated with that labor category) associated with their effort on this contract. For price comparison purposes, each offeror should provide a staffing plan based on a not-to-exceed total effort of 2,000 billable hours. For example, one offeror may propose a two-person team to include a Senior Program Manager and a Junior Program Manager with the proposal assuming the Senior PM will bill 500 hours, and the Junior PM will bill 1,500 hours. The Government will apply a price realism analysis to the labor categories and number of hours being proposed to ensure that the effort is reasonable and does not constitute “buying in” to the contract at an unreasonably low price.

Phase…