16-233-SOL-00289_BASE.pdf

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance Proposal Due: July 22, 2016 (12:00pm EST)

SECTION A – Solicitation

1.1 COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is being issued in conjunction with FAR Part 15 Contracting by Negotiation as applicable. The solicitation number is 16-233-SOL-00289. This announcement is issued as a Request for Proposal.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-86 published in the Federal Register on December 31, 2015.

This solicitation is issued as a 100% set aside for small business concerns expressly certified by the Small Business Administration (SBA). The associated North American Industry Classification System (NAICS) Code is 541611. The small business size standard is $15 million.

This announcement serves to notify offerors that the government contemplates awarding a time-and-material contract resulting from this solicitation for the services defined herein. Prospective offerors are responsible for downloading the solicitation and any amendments. It is offerors’ responsibility to monitor the FedBizOpps website for the release of any amendments to this solicitation.

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

SECTION B - Supplies or Services and Prices/Costs

B.1 BRIEF DESCRIPTION OF SERVICES

Administrative support and assistance to (a) provide content development for training materials to be presented during either one national conference or four regional conferences; and (b) develop training webinars for LIHEAP grantees;

B.2 TYPE OF CONTRACT

The contract type awarded is a Firm Fixed Price

B.3 NONSEVERABLE SERVICES

The services specified in each contract line item (CLIN) have been determined to be non-severable services - a specific undertaking or entire job with a defined end product of value to the Government.

B.4 CONSIDERATION AND PAYMENT (Fixed Price –Non-severable Services)

In consideration of satisfactory performance of the work as described throughout this contract, the Contractor shall be paid a fixed price for CLIN 1; the base period is priced as follows:

CLIN 1 – Base Period: 9/30/2016 – 9/29/2017 This is a line item for non-commercial, non-severable services. The end product of value is specified in Section C.

Fixed Price: ______________

Payment shall be made upon the delivery and acceptance of the services required in accordance with the following payment schedule:

September 30, 2016 – September 29, 2017

Base Period Payment Plan

Deliverable Payment Amount

1.1 1.2 2.1 2.2 2.3 2.4 2.5 3.1 3.2 3.3 3.4 3.5

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

SECTION C - Description/Specifications/Statement of Work

Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

C.1 PROGRAM DESCRIPTION AND BACKGROUND

BACKGROUND

The U.S. Department of Health and Human Services, Administration for children and Families, Office of Community Services (OCS) administers the Low Income Home Energy Assistance Program (LIHEAP). The purpose of LIHEAP is to provide low-income households with assistance in paying for their home energy costs (both heating and cooling), respond to home energy-related crisis situations, and provide low-cost home repairs that result in increased energy efficiency and lower home energy costs. Each year, OCS awards grants to state governments, territory governments, tribal governments, and tribal organizations to provide LIHEAP services in their respective service areas. This contract focuses on the training and technical assistance needs of OCS’s state and territory grantees.

LIHEAP state and territory grantees are composed of 51 states, the District of Columbia, Puerto Rico, American Samoa, the Northern Marianna Islands, Guam, and the Virgin Islands. In aggregate, these grantees receive approximately $3 billion each year in LIHEAP funds. Awards to individual grantees vary from $500,000 to as much as $325 million.

C.2 STATEMENT OF WORK –Non-severable Services

The Contractor shall furnish all of the necessary personnel, materials, services, facilities, (except as otherwise specified herein), and otherwise do all the things necessary for or incident to the performance of the work as set forth below:

BASE YEAR

TASK 1 – Planning and Communication

The Contractor shall participate in a project kick-off meeting to be convened by OCS within ten

(10) business days of contract award. Participants shall include key project staff and relevant representatives of the Contractor organization. The meeting shall be a forum for commencing communication between OCS and the Contractor, introducing key personnel, and establishing communication and project ground rules. At such meeting, the Contractor and OCS shall discuss how personnel will be supervised and monitored to assure efficient, accurate and effective work.

No later than three (3) business days prior to the kick-off meeting, the Contractor shall submit a briefing memo to the Contracting Officer ‘s Representative (COR) that provides suggested agenda items, discussion topics, issues to be covered during the meeting and copies of all exhibits and other materials that will be discussed or presented at the meeting.

Following the meeting, the Contractor shall develop a memorandum that documents and reviews major issues discussed at the meeting, all decisions made, any open or pending issues, and all other

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance relevant information. The memorandum shall be submitted to the COR for review and approval no later than ten (10) business days after the meeting date.

The Contractor shall also submit a final Implementation Plan for accomplishment of all tasks and deliverables in the Base Year of the Contract no later than ten (10) business days after the date of the kick-off meeting. The Implementation Plan should include detailed interim milestones and timetables for accomplishing each task and completing the deliverables associated with each task.

For example, the plan to accomplish Task 2 should include interim milestones for (1) developing presentation outlines, (2) developing draft materials, (3) rehearsals with speakers and moderators, and (4) final product.

Similarly, the plan to accomplish Task 3 should include interim milestones for: (1) outline of webinar content, (2) securing speakers/moderators, (3) draft presentation materials, and (4) webinar rehearsal with all speakers/moderators. The Implementation Plan will be the basis for monthly progress reports. The progress report should incorporate a comparison of planned versus actual adherence to the due dates and timelines established in the Implementation Plan.

The Contractor shall participate in at least bi-weekly status meetings held via teleconference with the COR. These meetings may increase in frequency as major deadlines for deliverables approach, especially for deliverables under Task 3. No later than two (2) business days prior to each status meeting, the Contractor will provide the COR with an agenda for the meeting. No later than two (2) business days following each meeting, the Contractor will provide the COR with minutes of the meeting, outlining issues discussed, decisions made, and any outstanding action items for both the COR and the Contractor.

In addition to bi-weekly status calls, the Contractor will participate in at least bi-monthly all Contractor meetings, where OCS will discuss issues that cut across its multiple contracts.

TASK 2 – Content Development for National Conference

Develop content for the 2017 LIHEAP National Conference. The Contractor shall--

1. Provide memorandum outlining suggested agenda topics for the national conference no later than November 18, 2016. The Contractor will be responsible for approximately fifteen (15) hours of delivered content, broken into ten (10) to twelve (12) sessions.

2. Provide memorandum of suggested speakers and moderators for each proposed session no later than fifteen (15) business days after agenda is finalized by COR. This can include staff from OCS, grantees, Contractor staff, employees of other federal agencies, or outside subject-matter experts.

3. Develop content for presentations to be presented at the national conference. Materials shall be developed in coordination with conference logistics contractor to ensure that all required logistical and planning timeframes are met. Content shall include:

a. Final presentations for display at the conference. All presentations must be 508-compliant. These materials must be approved by the COR and submitted to the conference logistics contractor no later than fifteen (15) business days prior to the beginning of the conference.

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

b. For any sessions with OCS speakers, annotated presentations designed for the speaker(s) that highlights key information and provides talking points for each slide. Final materials must be provided to speakers no later than fifteen (15) business days prior to the beginning of the national conference. Reference to any background materials used to prepare the presentations should also be provided to OCS speakers.

4. If necessary, develop content for background and supplemental materials and/or handouts to be provided to grantees attending the national conference. All final materials must be 508-compliant and submitted to the conference logistics contractor to later than ten (10) business days prior to the beginning of the national conference

TASK 3 - Webinars

Convene and provide logistical support for four (4) webinars for LIHEAP grantees. The Contractor shall--

1. Provide memorandum with suggested topics for webinars and potential speakers. This memorandum shall be delivered no later than November 18, 2016.

2. Set-up logistics required to host webinars for up to 100 participants each.

3. Prepare necessary presentation materials and coordinate with selected speakers to compile all presentations.

4. Conduct one joint rehearsal session for each webinar that includes all speakers and moderators. Final presentation must be 508-compliant.

5. Record each webinar and provide final edited recording with closed captioning within twenty (20) business days of the conclusion of the webinar. The final recording must be 508-compliant.

Each webinar under this task is non-severable. The final product of value for each webinar is the final presentation and recording that are both 508-compliant.

C.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the Contractor’s performance. The oversight provided for in the contract and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the Contractor Performance Assessment Reporting System (CPARS). The QASP may be updated by modification to the contract.

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

Quality Assurance Surveillance Plan (QASP)

Required Services/Tasks

Performance Standards

Method of Surveillance (Quality Assurance)

Standard to be Met/ Allowable Deviation

Customer Satisfaction

Contractor complies with SOW specifications.

Contractor adheres to guidance provided by COR.

COR feedback

Fewer than 2 written complaints from COR during the period of performance.

Overall Contract Management, Including Timeliness

Contractor maintains high level of quality assurance.

Contractor informs COR timely of issues or problems.

Contractor meets time frames agreed upon.

COR and Contracting Officer monitoring and review of activities and deliverables.

COR makes no more than 2 valid written complaints during the period of performance. No more than a two week delay in agreed upon schedule.

Written Products

Contractor provides high-quality written materials.

COR and other federal staff reviews of draft and final products.

Minimal rewriting or editing required; product utilized (e.g., disseminated) as planned.

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

SECTION D - Packaging and Marking

D.1 PACKAGING AND MARKING

All deliverables shall be delivered to the Contracting Officer’s Representative (COR) identified in Section G and shall be marked as follows:

1. Name and address of the Contractor;

2. Contract Number;

3. Description of item contained therein; and

4. Consignee's name and address.

D.2 PAYMENT OF POSTAGE AND FEES

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

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

SECTION E - Inspection and Acceptance

E.1 INSPECTION AND ACCEPTANCE

Pursuant to FAR clause 52.212-4, all work described in Section C to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

E.1.1 Inspection and Acceptance Criteria Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery by the COR.

E.1.2 General Acceptance Criteria General quality measures, as set forth below, will be applied to each work product received from the Contractor under this Statement of Work.

Accuracy - Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

Clarity - Work Products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to the supporting narrative.

Consistency to Requirements - All work products must satisfy the requirements of this Statement of Work.

File Editing - All text and diagrammatic files shall be editable by the Government.

Format - Work Products shall be submitted in hard copy and electronic copy. The electronic copy must be in a format as indicated in the Deliverables Table.

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

SECTION F - Deliveries or Performance

F.1 PERIOD OF PERFORMANCE – Severable Services

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

Base Period: 9/30/2016 through 9/29/2017

F.2 PLACE OF PERFORMANCE

Work will be performed at the contractors site

F.3 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE

The contractor shall submit all required report(s)/deliverables in accordance with the following schedule: All reports shall reference and cite the contract number.

Task Deliverable Due Date

Task 1 1.1 – Agenda for kick-off meeting Completed no later than three

(3) business days prior to the kick-off meeting

Task 1 1.2 - Summary of the Kick-Off meeting and detailed Implementation Plan for completing all tasks that includes milestones and due dates.

Completed within ten (10) business days after the conclusion of the kick-off meeting

Task 2 2.1 – Memorandum proposing agenda topics for the national conference

November 18, 2016

Task 2 2.2 – Memorandum recommending speakers and moderators for the national conference

Completed within fifteen (15) business days of COR finalizing the conference agenda.

Task 2 2.3 – Final presentations for the national conference – for display at the conference.

No later than fifteen (15) business days prior to the beginning of the national conference

Task 2 2.4 – Final annotated presentations designed specifically for speakers, complete with reference materials

No later than fifteen (15) business days prior to the beginning of the national conference

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

Task 2 2.5 – Final background and supplemental materials/handouts for grantees, if necessary, for the national conference

No later than ten (10) business days prior to the beginning of the national conference

Task 3 3.1 – Memorandum outlining recommendations for webinar topics

November 18, 2016

Task 3 3.2 – Webinar 1 final recording and presentation in PDF format, that are both 508-compliant

Completed within twenty (20) business days of the conclusion of each webinar.

Task 3 3.3 – Webinar 2 final recording and presentation in PDF format, that are both 508-compliant

Completed within twenty (20) business days of the conclusion of each webinar.

Task 3 3.4 – Webinar 3 final recording and presentation in PDF format, that are both 508-compliant

Completed within twenty (20) business days of the conclusion of each webinar.

Task 3 3.5 – Webinar 4 final recording and presentation in PDF format, that are both 508-compliant

Completed within twenty (20) business days of the conclusion of each webinar.

F.4 DELIVERY REQUIREMENTS

Pickup and delivery of items under this contract shall be accomplished between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday unless changed by mutual agreement between the COR and the contractor. No deliveries shall be made on Saturdays, Sundays, and days of government closure or Federal legal holidays found at:

http://www.opm.gov/operating_status_schedules.

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

SECTION G - Contract Administration Data

G.1 CONFERENCE EXPENSES

Unless the Contracting Officer provides explicit written approval for conference expenses, conference expenses are not allowable under this contract. For purposes of this contract, conference and conference expense are defined in the HHS Policy on Promoting Efficient Spending, specifically Attachment 1, Use of Appropriated Funds for Conferences and Meeting Space dated January 23, 2015. The attachment also provides a list of typical HHS meetings and events that are not considered conferences at Exhibit 2. The policy and associated attachments are located at the following site:

http://www.hhs.gov/grants/contracts/contract-policies-regulations/index.html)

G.2 ADVANCE UNDERSTANDING

Other provisions of this contract notwithstanding, the Contractor is hereby authorized to incur the following costs, within the limits set forth without further authorization.

[***to be completed with subcontractor/consultant names and limits at award]

G.3 AUTHORITIES OF GOVERNMENT PERSONNEL

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

Contracting Officer/ Contract Specialist All communications pertaining to contractual and/or administrative matters under this contract shall be sent to:

Peter D. Preston Jr.

Contract Specialist, Acquisition Management Services Program Support Center U.S. Department of Health and Human Services 12501 Ardennes Avenue, Suite 400 Rockville, MD 20857 Office: (301) 443-5100 Peter.Preston@PSC.HHS.GOV

Contracting Officer's Representative Name: TBD Address: TBD Phone: TBD Email: TBD

Note: The Contracting Officer is the only individual authorized to modify the contract.

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

G.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY

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

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

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

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

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

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

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

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

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

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

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

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

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

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

G.5 INVOICE SUBMISSION - COMMERCIAL

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

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

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

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

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

The subject line of your email invoice submission shall contain the contract number, contract line item number, the order number, if applicable, and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract.

Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).

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

All calls concerning contract payment shall be directed to the 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.

(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

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance 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, System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer, Other Than System for Award Management), 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 Dun & 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 - System for Award Management.

G.6 TRAVEL RELATED COSTS

The Contractor will be reimbursed for all domestic travel as described below, incurred directly and specifically in the performance of this contract, claimed by the Contractor and accepted by the Contracting Officer.

Domestic travel expenses incurred by the Contractor in direct performance of the contract shall be reimbursed provided such travel is necessary for the performance of this contract and the cost does not exceed:

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

a. The lowest customary standard, coach, or equivalent airfare offered during normal business hours for air travel except when such accommodations: 1) require circuitous routing, 2) require travel during unreasonable hours, 3) excessively prolong travel, 4) result in increased costs that would offset transportation savings, 5) are not reasonably adequate for the physical or medical needs of the traveler, or 6) are not reasonably available to meet mission requirements. In order for costs in excess of customary standard or coach airfare to be considered allowable, the applicable exception must be documented and justified.

b. Costs of rail travel by most direct route, coach-class accommodations.

c. The prevailing mileage rate set forth in the Federal Travel Regulation (FTR) or reasonable actual expenses for travel by motor vehicle. Travel by motor vehicle, including rented automobile, shall be reimbursed on a reasonable actual expense basis, or at the Contractor's option, on a mileage basis at the prevailing FTR rate, plus any toll or ferry charges.

d. The prevailing rates set forth in the FTR for lodging, meals and incidental expenses.

G.7 ELECTRONIC SUBCONTRACTING REPORTING SYSTEM (eSRS) REPORTING

The Contractor shall report all subcontract awards to small, small disadvantaged, women-owned, HUBZones, veteran-owned and service-disabled veteran-owned small business concerns. The reports shall be prepared using the electronic Subcontracting Reporting System (eSRS) via the internet at http://www.esrs.gov. The Individual Subcontracting Report (ISR), formerly SF 294, shall be submitted semi-annually for the periods of October 1 through March 31 and April 1 through September 30. The Summary Subcontracting Report (SSR), formerly, SF 295 shall be submitted annually for the period of October 1 through September 30.

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

SECTION H - Special Contract Requirements

H.1 KEY PERSONNEL

The key personnel subject to HHSAR Clause 352.237-75 are as follows:

Name Position Title

H.2 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.

H.3 CONTRACTOR PERFORMANCE EVALUATION(S)

During the life of this contract, Contractor performance will be evaluated on an interim and final basis pursuant to FAR Subpart 42.15. The Contractor Performance Assessment Reporting System (CPARS) will be utilized for these reviews. Information on CPARS can be located at http://www.cpars.gov.

H.4 MANAGEMENT OF SENSITIVE INFORMATION

In addition to electronic data security requirements, the contractor must have a plan for the protection of any paper records, field notes, or other documents that contain sensitive or personally identifiable information. In addition, the contractor must notify – within one hour – the COR of any suspected or confirmed instance of compromised data security.

In addition to the requirements specified elsewhere in this contract, the Contractor must have a plan for the protection of any paper records, field notes, or other documents that contain sensitive or personally identifiable information. The Contractor shall ensure that all of its employees, subcontractors (at all tiers), and employees of each subcontractor, who perform work under this contract/subcontract, are trained on data privacy issues and comply with the above requirements.

The Contractor shall submit a written plan and assurance for complying with the above

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance requirements at least annually. See Personally Identifiable Information (PII) Breach Response Team (BRT) Policy: http://www.hhs.gov/ocio/policy/20080001.003.html.

H.5 POST AWARD ORGANIZATIONAL CONFLICT OF INTEREST

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

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

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

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

H.6 CONFERENCE PLANNING TERMS AND CONDITIONS

1. HHS Required Force Majeure Article

HHS Conference hosts and contract service providers acting on HHS's behalf must use the approved, required Force Majeure clause below in venue contract to limit HHS's liability for cancellation and other damages.

o Responsibility of the Contractor

Prior to entering into a third party contract (the hotel) for venues, the prime contractor shall submit the proposed contract to the contracting officer for review.

The prime contractor, on its own, cannot obligate the Government.

o Cancellation Matrix

The prime contractor shall include terms and conditions in the third party venue (hotel) contract that reduce or eliminate the Government's liability in the event of cancellation. The cancellation fees shall not exceed the following percentages:

o Up to 30 days prior to the event: Cancellation permitted with no (0%) penalty.

o 15 to 29 days prior to the event: Contractor (and therefore the government) will be liable for: no more than 75% of the total costs (meeting rooms and

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance audiovisual equipment).

o 14 days prior to the event: Contractor (and therefore the government) will be liable for no more than 100% of the total costs (meeting rooms and audiovisual equipment).

When a Government cancellation results in penalty, the contractor shall promptly contact the third party venue (hotel) to ensure every effort is made to offer the cancelled space to other parties to reduce the Government's penalty. The contractor shall only be reimbursed for actual penalties paid by the contractor.

The Government shall not be charged for cancellations of room blocks. All third party contracts for lodging (hotel room blocks) shall cancel automatically within 48 hours of the check-in-date for rooms that are not guaranteed by the task order/contract order or the individual federal employee's government travel card.

o Excusable Delays

The performance of this contract is subject to cancellation without penalty or fee upon the occurrence of any circumstance beyond the control of either party, excusable delays include, but not are limited to: acts of god, war, weather driven, acts of terrorism, government shut down, U.S. congress, government regulations, natural disasters, strikes, civil disorder, or curtailment of transportation facilities -to the extent that such circumstances make it illegal or impossible for the hotel to provide, or for groups in general to use the hotel facilities.

o Good Faith Effort

In the event of cancellation, less than 29 days prior to the event by the government, under the provisions of this contract, if the third party (hotel) resells the sleeping rooms, function space or any portion thereof, the charges will be applied against the cancellation fee. The contractor agrees to ensure the third party (hotel) accepts the responsibility to minimize any actual monetary harm or damages it may otherwise incur of suffer from unused sleeping rooms, or related revenue. Therefore, the contractor will ensure the third party (hotel) will make a good faith effort to book additional groups or organized business meetings or otherwise sell the sleeping rooms and related accommodations made available by the cancellation. Should the third party (hotel) replace the group with another group, all or a portion of the cancellation fee will be refunded based upon the replacement value to the mutual agreement of the government and the contractor.

2. Other Standard Terms and Conditions o Terms to Prohibit Acceptance of Gifts

Persons doing business with the government shall not offer nor shall any

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance government employee or family members, or person acting on behalf of the government or their family members solicit, accept or receive directly or indirectly whether in the form of complimentary rooms, room upgrades, guest passes, food, or other gifts, gratuities and services.

o Special Needs

In accordance with HHSAR 352.270-1, identify in advance any special needs of any disabled guests who are requiring accommodation including hearing and sight impaired individuals by the Hotel and notify the Hotel of the need for such accommodation in writing to the Sales Department as soon as possible. Any expenditures or services necessary to accommodate any such guest(s) may be at the expense of the guest.

H.7 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The below Department of Labor Wage Determinations are hereby incorporated into the contract:

Wage Determination No.: 2015-4281, Revision No.: 3, 04/08/2016 (See attachment J.2

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

SECTION I ‐ Contract Clauses

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) AND HEALTH AND

HUMAN SERICES ACQUISITION REGULATION CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ and http://www.hhs.gov/hhsar/

FAR Clause TITLE AND DATE

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS

(MAY 2015)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

(End of Clause)

HEALTH AND HUMAN SERICES ACQUISITION REGULATION (HHSAR) (48 CFR

CHAPTER 3) CLAUSES

HHSAR Clause TITLE AND DATE

352.202-1 DEFINITIONS (JAN 2006)

352.222-70 CONTRACTOR COOPERATION IN EQUAL EMPLOYMENT

OPPORTUNITY (JAN 2010)

352.227-70 PUBLICATIONS AND PUBLICITY (JAN 2006)

352.228-7 INSURANCE LIABILITY TO THIRD PERSON (DEC 1991)

352.233-71 LITIGATION AND CLAIMS (JAN 2006)

352.239-70 STANDARD FOR SECURITY CONFIGURATION (JAN 2010)

352.239-71 STANDARD FOR ENCRYPTION LANGUAGE (JAN 2010)

352.239-72 SECURITY REQUIREMENT FOR FEDERAL INFORMATION

TECHNOLOGY RESOURCES (JAN 2010)

352.242-71 TOBACCO-FREE FACILITIES (JAN 2006)

352.242-73 WITHHOLDING OF CONTRACT PAYMENTS (JAN 2006)

352.242-74 FINAL DECISIONS OF AUDIT FINDINGS (APR 1984)

352.270-1 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS

TO PERSONS WITH DISABILITIES (JANUARY 2001)

352.270-7 CONFERENCE SPONSORSHIP REQUEST AND CONFERENCE

MATERIALS DISCLAIMER (JANUARY 2010)

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

I.2. FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C.

6101 note).

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_ _ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

X (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

X (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

RFP Solicitation 16-233-SOL-00289_ Low Income Home Energy Assistance (LIHEAP) Training and Technical Assistance

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

___ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated…