Solicitation_FDA-17-223-SOL-00038_-_AGSS_.pdf

SOLICITATION NO.: 17-223-SOL-00038

Acquisitions and Grants Support Services

SBA REQUIREMENT #: 0353/17/553

BACKGROUND

The Food and Drug Administration’s (FDA’s) mission is “Protecting consumers and enhancing public health by maximizing compliance of FDA regulated products and minimizing risk associated with those products.” And our vision is: “All food is safe; all medical products are safe and effective; and the public health is advanced and protected.”

The Office of Acquisitions and Grants Support Services primarily serves the Agency by initiating contracts, grants and cooperative agreements, inter-agency agreements (IAAs), and oversees the FDA’s Government Purchase Card Program. Due to the high workload associated with completing acquisition actions to include requirement development, award documentation, and conducting contract close-out actions; it has become necessary for OAGS to seek external acquisition support services to assist with completing the multitude of work activities.

OAGS completes several thousand-acquisition actions on an annual basis. These actions include contracts, grants and cooperative agreements, and IAAs.

The primary objectives of this contract include the following:

• Provide acquisition and grant support services to OAGS as related to the full spectrum of acquisition activities, in accordance with the IDIQ Contract and Individual Task Orders (ITOs).

• Ensure contracts, grants and cooperative agreements, and inter-agency agreements are awarded per designated service level agreement (SLA) and in accordance with requisite statutes.

• Provide program and task order management for the Acquisitions and Grants Support Services IDIQ requirements during the prescribed period of performance.

See Attachment A - Statement of Work (SOW).

It is the FDA’s intent to award one (1) indefinite delivery-indefinite quantity (IDIQ) contract, with an ordering period of five (5) years and a ceiling of $19,000,000.00.

Note: These services are currently provided by Creative Business Solutions, Inc., under contract HHSF223201510043C, which was awarded in 2015. This contract is currently in the first option period and set to expire on 9/21/2017. OAGS is currently being supported by a staff of eight (8) contractors via the incumbent vendor.

NOTICE OF COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items 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 is a solicitation for commercial items in accordance with the procedures of FAR Part 12 – Acquisition of Commercial Items and FAR Part 15 – Contracting by Negotiation.

This is an 8(a) competitive solicitation for a single award Indefinite Delivery-Indefinite Quantity (IDIQ) contract in accordance with FAR 16.504 -- Indefinite-Quantity Contracts.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_6.html#wp1088488

NOTICE OF FAC

This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular FAC 2005-94, 2005-95, effective January 19, 2017.

FAR provisions and clauses referenced in this solicitation can be found on the following website:

www.acquisition.gov

HHSAR provisions and clauses referenced in this solicitation can be found on the following website:

https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

NOTICE OF NAICS/SET-ASIDE

This requirement is set-aside for firms certified with the socio-economic designation of 8(a) by the Small Business Administration (SBA). The associated NAICS code is 541611 (Administrative Management and General Management Consulting Services), with a small business size standard of $15 Million. Offerors must have an active registration in www.SAM.gov, with completed representations and certifications by the close date of the solicitation.

SECTION 8(A) AWARD - PARTNERSHIP AGREEMENT BETWEEN SBA AND HHS

Although the Small Business Administration (SBA) will not be identified as the prime contractor in Block 17a (SF1449), the SBA is still the prime contractor on this contract.

The SBA is required to approve novation agreements submitted by the 8(a) Participant. Additionally, the Department of Health and Human Services shall provide advance notice to the SBA prior to issuing a final notice terminating this contract in whole or in part.

The SBA District Office:

U.S. Small Business Administration Washington Metropolitan Area District Office 409 3rd Street, SW 2nd Floor Washington, DC 20416 Telephone: 202-205-8800 Email: DCbusdev8a@sba.gov

The 8(a) partnership agreement between SBA and the U.S. Department of Health and Human Services (HHS) applies to this requirement.

Link:https://www.sba.gov/sites/default/files/files/Department%20of%20Health%20and%20Human%20S ervices.pdf

CONTRACT REQUIREMENTS

See Attachment A - Statement of Work for a full description of the supplies/services to be acquired. Also see Attachment B – Acquisitions and Grants Support Services Labor Categories and Descriptions.

http://www.acquisition.gov/ https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html https://www.sba.gov/sites/default/files/files/Department%20of%20Health%20and%20Human%20Services.pdf https://www.sba.gov/sites/default/files/files/Department%20of%20Health%20and%20Human%20Services.pdf

CONTRACT TYPE

The Government anticipates awarding one (1) IDIQ contract with an anticipated ceiling of $19,000,000.00, and a guaranteed minimum of $3,000.00. The following contract types are authorized under the IDIQ: Time-and-Materials, and Labor-Hour (LH) type task orders.

ORDERING PROCEDURES

A request for task order proposal (RFTOP) will be issued via email to the IDIQ holder in accordance with the procedures of FAR 16.505 – “Ordering“. The RFTOP will clearly describe the services required and the contract type. It is the responsibility of the contractor to ensure a valid email address and point of contact for receipt of RFTOPs is on file at the FDA contracting office.

The IDIQ holder will have five (5) – ten (10) calendar days to respond to any RFTOP. At a minimum, the following required documents must be submitted with any proposal submitted in response to a RFTOP:

• Resume of key personnel identified in the RFTOP

• Commitment letters for each key personnel position, signed by the recommended candidate and the point of contact at the company that has the authority to offer employment o Commitment letters must include the following information (Sample Provided – See

ATTACHMENT I):

Title of position Name of company Name of individual offered position

• Price proposal

Proposals submitted in response to a RFTOP shall utilize the Ordering Period rates based on the performance start date of the task order and that rate must be used for the duration of the task order performance period (not to exceed 12 months). RFTOPs may include option periods in accordance with FAR clause 52.217-9. However, the following limitation applies to task orders with option periods:

• The performance period end date cannot exceed 12 months past the performance end date of the IDIQ.

Proposals submitted in response to a RFTOP that includes option periods must utilize the Ordering Period rates based on the performance start date of the base period and each option period. The rate used must be for the duration of the performance period of the base period and option period(s) (not to exceed 12 months for each period).

In addition, the Government reserves the right to request writing samples from key personnel in response to a RFTOP.

Labor rates proposed in response to each RFTOP issued must be in accordance with the applicable labor categories and fixed labor rates in effect for the performance start dates within the IDIQ contract’s ordering period. The Offeror may propose lower labor rates in response to a RFTOP. During the performance period of the IDIQ award, by mutual agreement of the parties, additional labor categories may be added to support the objectives in the SOW.

If a task order’s stated period of performance must be extended as a result of Government delay, the Contractor may request that the most current labor rates be used to price the work effort during the extended period for LH and/or T&M task orders.

Labor-Hour or Time-and-Materials task orders will include a ceiling price.

FDA is the only agency authorized to place task orders against the resultant IDIQ award.

All task orders issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any task order.

The resultant IDIQ contract will have an ordering period of five (5) years from the date of award. Each task/delivery order issued under this contract will specify:

• (i) Date of order.

• (ii) Contract number and order number.

• (iii) For supplies and services, contract item number and description, quantity, and unit price.

• (iv) Specific tasks to be performed

• (v) Specific deliverables and deliverable due dates

• (vi) Task Order Contracting Officer Representative (COR), if different from IDIQ COR

• (vii) Delivery or performance schedule.

• (viii) Place of delivery or performance (including consignee).

• (ix) Any packaging, packing, and shipping instructions (if applicable).

• (x) Accounting and appropriation data.

• (xi) Method of payment and payment office, to include invoicing instructions, if not specified in the contract

Task Order Transmission

Task orders may be issued by any of the following means:

• Email (Preferred)

• Mail

The contractor shall perform on any signed task order transmitted by any of the above authorized methods.

AGENCY TASK AND DELIVERY ORDER OMBUDSMAN

To be provided at contract award.

QUESTION SUBMITTAL INSTRUCTIONS

Offerors may submit questions for clarification in reference to any areas of the solicitation. Questions must be submitted via email to Food and Drug Administration/OAGS: Sharon Masciana, Contract

Specialist, at Sharon.Masciana@fda.hhs.gov, and Michelle Creenan, Contracting Officer, at Michelle.Creenan@fda.hhs.gov. The subject line of the email must read: Contractor Questions -- Acquisitions and Grants Support Services, Solicitation No. 17-223-SOL-00038.

Questions must be submitted on the Vendor Question Format submission template provided (See Attachment J). Questions submitted that are not on this form, may not be answered.

Questions submitted by any other means will not be accepted. Questions must identify the applicable section of the solicitation. Questions will be answered in an amendment to the solicitation. Questions will not be discussed over the phone.

All questions must be submitted by 11:00 PM Eastern time (ET) on 26 May 2017. Questions submitted after the due date and time may not be answered.

Offerors will receive a confirmation email within two (2) business days that their questions were received. If an offeror does not receive a confirmation email within two (2) business days, it is their responsibility to follow up with the contract specialist to ensure their questions were received.

PROPOSAL SUBMITTAL DUE DATE

Proposals are due no later than 11:00 PM Eastern time (ET) on 20 June 2017. Proposals must be submitted via email to Food and Drug Administration/OAGS: Sharon Masciana, Contract Specialist, at Sharon.Masciana@fda.hhs.gov, and Michelle Creenan, Contracting Officer, at Michelle.Creenan@fda.hhs.gov.

The subject line of the email must read: Acquisitions and Grants Support Services; Solicitation No. 17- 223-SOL-00038. If submitting multiple emails, the subject line must clearly identify the total number of emails and which sequence the submission is.

All emails providing proposal submission must be received by the due date and time. The late submission instruction found in FAR provision 52.212-1(f) regarding electronic submissions, applies to this solicitation. Please submit in advance for timely submission of your proposal.

INSTRUCTIONS TO OFFERORS

PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS:

The proposal shall consist of three (3) separate volumes (attachments) as follows:

Volume I (Each section listed below must be submitted as a separate attachment and clearly labeled):

• Executive Summary

• Management Approach

• Relevant Experience

Volume II:

mailto:Sharon.Masciana@fda.hhs.gov mailto:Michelle.Creenan@fda.hhs.gov mailto:Michelle.Creenan@fda.hhs.gov

• Past Performance

Volume III:

• Price Proposal

VOLUME I INSTRUCTIONS

EXECUTIVE SUMMARY:

The offeror shall provide the following items in their Executive Summary:

• Cover Letter – Must be signed by an individual that has the authority to bind the company. The cover letter, must include the following, at a minimum:

o Name of Offeror and Address o DUNS o Point of Contact – Name, telephone number and email address o Acknowledgement of Latest Amendment – Offerors who fail to acknowledge the most recent amendment, may be considered non-responsive o Statement that the proposal is valid for 90 days

• Table of Contents

• Identification of any teaming arrangements, joint ventures, mentor-protégé relationships, subcontracting relationships, etc.

• Completed representations and certifications, not already completed in SAM.gov.(Attachment E)

• Organizational Conflict of Interest (OCI) – The offeror shall identify actual, potential, and/ or apparent OCIs and plan to mitigate any OCI issues, if they exist. If there is no potential OCI, offerors must provide a written statement indicating this. If the OCI mitigation plan is deemed unacceptable, the offeror will not be eligible for award.

MANAGEMENT APPROACH AND RELEVANT EXPERIENCE: shall contain the information requested under evaluation factor 1 (Management Approach) and evaluation factor 2 (Relevant Experience). See BASIS FOR AWARD AND EVALUATION FACTORS for details.

VOLUME II INSTRUCTIONS

PAST PERFORMANCE: shall contain the information requested under evaluation factor 4 (Past Performance). See BASIS FOR AWARD AND EVALUATION FACTORS for details.

VOLUME III INSTRUCTIONS

PRICE: shall contain the information requested under evaluation factor 4 (Price). See BASIS FOR AWARD AND EVALUATION FACTORS for details.

Page Limitations are provided as follows:

• Management Approach (Factor 1) – (Page Limitation: 30 pages total. The total page limitation includes the Draft Performance Management Plan (PMP) of 15 Pages (maximum)

• Relevant Experience (Factor 2) - Page Limitation: 25 pages

• Past Performance (Factor 3) - (Page Limitation: 20 pages )

• Price (Factor 4) - (No Page Limitation)

Note: Attachments must be clearly labeled as to which volume they correspond to.

• Each volume shall include a cover sheet which clearly identifies each volume by volume number and volume name (i.e., Volume I, Executive Summary), solicitation number, and date of submission, and shall include page headers with the same information.

• The Offeror shall submit each volume in ADOBE PDF format. Each volume shall be sent as a separate document. The PDF format is the version of record. The Offeror shall submit Volume III, Factor 4 - Pricing in MS Excel format and PDF format.

• An individual authorized to contractually bind the Offeror shall sign the cover page of each volume.

• The written Technical Volumes (Vol. I and II) shall not contain any reference to price.

• The offeror shall submit accurate and complete information in the written proposal to permit the

Government to make a thorough evaluation and a sound determination that the proposed approach will have a reasonable likelihood of meeting the requirements and objectives of this procurement.

Specific formatting instructions for each volume are as follows:

. General Formatting Instructions:

Offerors shall use the following page setup parameters:

• Margins – Top, Bottom, Left, Right – 1”

• Gutter – 0”

• From Edge – Header, Footer – 0.5”

• Page Size, Width – 8.5”

• Page Size, Height – 11”

• Each paragraph shall be separated by at least one blank line.

• Offerors are encouraged to use Calibri 11 point font. However, a font of equivalent size may be used (such as Arial or Times New Roman).

• Tables and illustrations may use a reduced font size not less than 10-point and may be landscape.

Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal. The following items are not included in the stated page limitations:

• Cover Sheet;

• Executive Summary;

• Table of Contents;

• Dividers;

• Glossary

• Resumes, no more than 3 pages in length

• CPARS Evaluations

• Letters of Commitment from Key Personnel

• Past Performance Questionnaires (see instructions below)

FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER

Offerors are hereby notified that the Government intends to use support of a Federally Funded Research and Development Center (FFRDC) to assist in the evaluation process for this solicitation. The FFRDC will follow established standards of conduct during the source selection process and will maintain confidentiality of proprietary and source selection information.

The MITRE Corporation operates a Federally Funded Research and Development Center (FFRDC) for the Department of Health and Human Services (HHS) under sponsorship of the Centers for Medicare and Medicaid Services (CMS) in accordance with the provisions and limitations defined in the Federal Acquisitions Regulation (FAR) part 35.017. FFRDCs are formed by government agencies to operate as strategic partners that function as unique, independent, nonprofit entities to meet specific long-term business and technical needs that cannot be met by the typical contractor relationship. FFRDCs are prohibited from competing with industry or working for commercial companies (both industry and government). Therefore, they can operate in the public interest with objectivity and independence in support of their sponsoring agency. This work environment allows FFRDCs to support their government sponsors across a full spectrum of planning and concept development, research and development, and acquisition support.

BASIS FOR AWARD AND EVALUATION FACTORS

• Factor 1: Management Approach

• Factor 2: Relevant Experience

• Factor 3: Past Performance

• Factor 4: Price

Instructions for Management Approach Volume I, Factor 1: Management Approach The Management Approach section of the proposal shall be clearly marked as Evaluation Factor 1 – Volume I

MANAGEMENT APPROACH

The Offeror shall provide a narrative describing its overall management approach that clearly and completely addresses the IDIQ SOW paragraphs and, specifically, Section 2 task descriptions (i.e., program and task order management, transition services, and acquisition support, and contract closeout support). The contractor shall describe its approach to ensuring service delivery and task order performance and maintain clear lines of communication between the Government and the Contractor.

The offeror shall describe the procedures and methods it will use to meet the Service Level Agreements (SLAs) detailed in Section 3, Table 2 of the IDIQ SOW

The Offeror shall provide a detailed draft Program Management Plan (PMP) that describes:

a. The organizational structure, organizational resources, and management controls to be used to meet the IDIQ requirements throughout the contract’s period of performance;

b. Its approach to attract, retain, and replace qualified personnel with the different skill sets identified in Attachment B Acquisitions & Grants Support Services Labor Categories and Descriptions necessary to meet the staffing requirements for the duration of the IDIQ.

The offeror shall provide resumes of the Key Personnel: Program Manager, Project Manager, Senior Contract Support Specialist, and Senior Grant and Agreement Support Specialist III (refer to Attachment B- Acquisitions & Grants Support Services Labor Categories and Descriptions) to demonstrate the Offeror’s management expertise and contracting and grant and agreement support expertise to perform the IDIQ SOW. Resumes must clearly display academic qualifications, length and variety of experience relevant to the IDIQ SOW and IDIQ labor categories. The contractor shall provide signed commitment letters for the key personnel resumes submitted. (Sample Letter - Attachment I)

RELEVANT EXPERIENCE (FACTOR 2)

The Relevant Experience section of the proposal shall be clearly marked as Evaluation Factor 2 - Volume

III.

Relevant experience is not past performance information. The Offeror shall provide information on three

(3) IDIQ, BPA, or complex time and material or labor hour efforts that are most similar to this effort in terms of scope, complexity and size. At least two (2) of the three (3) efforts shall be experiences of the offeror acting in the capacity of a prime contractor. IDIQ, BPA or complex time and material or labor hour efforts performed by contractors other than the offeror, such as teaming partners or subcontractors, will not be evaluated as prime contractor relevant experience, unless those other contractors are part of a joint venture offeror as demonstrated by a signed joint venture agreement.

IDIQ, BPA, or complex time and material or labor hour efforts performed by corporate parent and affiliates will not be considered. Offerors must provide three (3) examples of current or previous contracts where you have delivered Program and Project Management, Contract Acquisition Support, Simplified Acquisition Support, Interagency Agreement Support, Grants and Cooperative Agreements support, Government Purchase card administration support, and Contract Closeout Support.

The response shall provide a narrative describing the Offeror’s current or previous experience within the past three (3) years. The Offeror shall identify other organizations in which it has performed similar tasks, including the degree of its involvement (prime or subcontractor), the size of the client’s organization, and other information to describe its expertise and performance in the subject areas, highlighting the organization’s experience. Offerors must provide a breakdown of the number and type of personnel (i.e., specific labor categories) leveraged to accomplish the cited work that explains the type and scope of work provided. Relevant experience may include a mix of the Prime and proposed teaming partners’ information. When considered together, the relevant experiences cited must cover the entire Work Requirements (section 2; tasks 2.1-2.4) in the IDIQ SOW scope. Complexity and size are defined as:

Scope: Identifies the aspects of the scope that are the same or similar to the work requirements as listed in the Acquisitions and Grants Support Services IDIQ Statement of Work.

Complexity: Describes the engagement, expertise, multiple concurrent task orders or BPA Calls or contracts and/or locations.

Size: Identifies the dollar value of the contract, the duration of the contract, and the number of personnel engaged for the effort.

Projects listed may include those entered into by the Federal Government, agencies of state and local Governments and commercial customers. In order to meet the specialized experience requirements of the subject procurement, offerors are required to discuss the relevant experience obtained servicing a Federal Agency or component thereof -- utilizing the FAR, HHSAR (preferred), Acquisition Office-specific policies, procedures, and guidance (e.g., HHS Purchase Card Guide).The list may include contracts and orders on which the Offeror served as a subcontractor, provided that the subcontract was similar in scope, duration, and price to this effort. If a subcontract exampled is used, contact information for the prime contractor, not the customer, must be provided in items 6, 7, and 8, below. For each project identified above, the Offeror shall submit the following information:

1. Name of contracting activity (identify Federal Government agency, if applicable);

2. Contract number;

3. Contract type;

4. Period of Performance;

5. Total contract value, and subcontract value (if applicable);

6. Contracting Officer contact information (name, phone number, email);

7. Project Officer/Contracting Officer’s Representative contact information (name, phone number, email);

8. Administrative Contracting Officer contact information – if different from item #6 (name, phone number, email);

9. Description of work

INSTRUCTIONS FOR PAST PERFORMANCE (FACTOR 4)

The Past Performance section of the proposal shall be clearly marked as Evaluation Factor 3 - Volume II.

This volume shall consist of:

• References for the three (3) contracts under the relevant experience factor to include name, title, contract number, contract title, role in contract and contact information ( telephone number, and email address )

• Copies of PPIRS (Past Performance Information Retrieval System);

• Offerors may provide additional references beyond the three required under this factor.

However, additional references provided that are not addressed under the relevant experience factor, should also provide contract value, contract type, period of performance, and a brief description of the services provided under the contract.

INSTRUCTIONS FOR PAST PERFORMANCE QUESTIONNAIRE:

The Offeror shall send the Past Performance Questionnaire attached to the solicitation --Attachment C – Past Performance Questionnaire, at a minimum, to the references for the three (3) relevant contracts above. Each reference must complete the questionnaire and email an electronic copy to the Contract Specialist and Contracting Officer, no later than the proposal due date; however, the Government reserves the right to accept late submissions. The Offeror shall ensure that all the points of contact complete and return the questionnaires to the Government prior to the solicitation close date.

Contractor Performance Assessment Reporting System (CPARS) reports may be submitted by the offeror in lieu of past performance questionnaires; however, any CPARS reports submitted must provide a detailed description of the services provided and provide ratings and detailed justifications for those ratings.

Offerors should be aware that, in addition to the data provided by each Offeror, the Government may use data obtained from other possible sources, such as CPARS or the Department of Defense’s Past Performance Information Retrieval System (PPIRs), in the evaluation of past performance. Past Performance information regarding predecessor companies, key personnel who have relevant experience, and subcontractors that will perform major or critical aspects of the requirement may be provided as past performance submissions. The Government is not responsible for ensuring that a sufficient number of questionnaires are submitted.

The Government reserves the right to consider questionnaires received after the due date of the solicitation. The Government reserves the right to contact references for verification or additional information, and the right to consider other relevant past performance information. The Government may call customers, whether or not listed on the provided list, to inquire about the Offeror’s past performance. The Government does not assume the duty to search for data to cure the problems it finds in the information provided by the Offeror. The burden of providing thorough and/or complete past performance information remains with the Offeror.

INSTRUCTIONS FOR PRICE (FACTOR 4)

The price proposal shall be clearly marked as Evaluation Factor 4 - Volume III-

Offerors must include a fully loaded labor rate for each labor category for each 12-month ordering period, plus the 6-month option period. Offerors who fail to provide pricing for each labor category and each ordering period, may be considered non-responsive. Offerors must complete all yellow highlighted cells in tabs T1, T3 and T4 on the pricing worksheet (Attachment D). The total direct labor costs for the duration of the IDIQ, including the 6-month option period, will be the evaluated price.

The rates proposed shall serve as the ceiling rates for any given labor category in the resultant IDIQ award.

BASIS OF AWARD AND EVALUATION CRITERIA

Evaluation Criteria and Basis for Award (Trade Off Approach)

(a) Basis for Award – This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.3 Source Selection using the FAR 15.101-1 Tradeoff process. The Government intends to award a single award IDIQ resulting from this solicitation; however, the Government reserves the right not to award a contract at all. The award resulting from this solicitation will be made to the responsible offeror whose offer, conforming to this solicitation, is determined to be the best value to the Government, technical, price and other factors considered.

For the purposes of the solicitation, non-price factors are significantly more important than the price factor. The Government reserves the right to make an award to other than the lowest priced offeror or the highest technically rated offeror. The Government also reserves the right to award without discussions and to make an award based upon initial offers; thus, offerors should ensure that their initial proposal represents their best offer.

A proposal which merely paraphrases the requirements stated in the Statement of Work (SOW) will be ineligible for award. In addition, a proposal that addresses only a part of the requirements will be considered nonresponsive to the solicitation and unacceptable for award.

The Government will assess the relative risks associated with the proposal. Risk is defined as the likelihood that the Government will be negatively affected by the Offeror’s failure to meet the technical and price factors as listed in this solicitation.

(b) General – In order to determine the offer providing the best value, the following evaluation factors will be considered:

Factor 1: Management Approach

Factor 2: Relevant Experience Factor 3: Past Performance Factor 4: Price

Technical Evaluation Factors (Factors 1, and 2,) are listed in descending order of importance. Technical Evaluation Factors 1 and 2 will be evaluated adjectivally and categorized as Excellent, Highly Acceptable, Acceptable, Marginal or Unacceptable (Reference Table 1 – Adjectival Definitions).

Past Performance (Factor 3) will be evaluated as a risk assessment, by assessing the relative risks associated with each offeror. Performance Risks are those associated with an offeror’s likelihood in performing the requirements as indicated by that offeror’s record of past performance. Past Performance will be given a rating of Low Risk, Medium Risk, High Risk, or Neutral Risk (reference Table 2 -Past Performance Risk Definitions).

The importance of price in the evaluation for award will increase as the non-price factors of the various offerors’ proposals are assessed as similar to each other.

The technical proposal will be evaluated to assess the Offeror’s understanding of the scope of the work and its overall approach to meeting the FDA’s requirements. The Government will use an adjectival rating for the overall technical evaluation. This rating will be derived from the adjectival rating for Management Approach and Relevant Experience.

The Government will evaluate technical evaluation Factors 1 and 2 with an adjectival rating as defined below.

Table 1: Presents the definitions of adjectival and Proposal ratings. The following definitions support the evaluation process for this proposal evaluation.

Table 1 – Adjectival Definitions Adjective Definition Excellent • The offeror convincingly demonstrates that the solicitation’s requirements have been analyzed, evaluated, and synthesized into proposed approaches, plans, and techniques that, when implemented, will result in superior and efficient performance.

• The proposal has significant strengths, which indicate beneficial features or innovations that will substantially benefit the FDA.

• The proposal has no significant weaknesses. Any minor weaknesses are insignificant when compared to the strengths.

Highly Acceptable • The offeror demonstrates that the solicitation’s requirements have been analyzed, evaluated, and synthesized into proposed approaches, plans, and techniques that, when implemented, should result in effective and efficient performance.

• The proposal has significant strengths and/or several minor strengths, which indicate a proposed approach that will benefit the FDA.

• The proposal has few weaknesses, and the strengths of the proposal more than offset any weaknesses.

Acceptable • The offeror demonstrates that the solicitation’s requirements have been analyzed, evaluated, and synthesized into proposed approaches, plans, and techniques that, when implemented, should result in adequate performance.

• The proposal has modest strengths.

• The weaknesses in the proposal are offset by the strengths.

Marginal • The offeror demonstrates a limited understanding of the solicitation’s requirements, resulting in proposed approaches, plans, and techniques that are incomplete and should result in inadequate performance when implemented.

• The proposal has few strengths.

• The weaknesses in the proposal are not offset by the strengths Unacceptable • The offeror demonstrates a superficial, incomplete, or incorrect understanding of the solicitation’s requirements, resulting in proposed approaches, plans, and techniques that are deficient and should result in poor performance when implemented.

• The proposal has few strengths.

• The proposal has significant weaknesses and/or many minor weaknesses that are not offset by strengths.

Table 2: Presents the definitions of the risk ratings used in the evaluation for the Risk Assignment. Risk represents the likelihood that the government will be negatively impacted by the Offeror’s failure to meet the negotiated performance related to business, technical, management, schedule, or cost.

Performance risk based on past performance information will be given an overall performance risk assessment rating of one of the following: High Risk, Medium Risk, Low Risk, or Neutral Risk.

Table 2 -- Past Performance Risk Definitions Risk Ratings Definitions

High

The Offeror’s response contains multiple minor risks or one or more major risks that have high likelihood of occurring, that represent major negative impacts to the Program should the risks occur, or that can be mitigated only through substantial Proposal revisions or extensive Government assistance during performance.

Medium

The Offeror’s response contains multiple minor risks or one or more moderate risks that have medium likelihood of occurring, that represent moderate negative impacts to the Program should the risks occur, or that can be mitigated with moderate Proposal revisions or moderate Government assistance during performance.

Low

The Offeror’s response contains one or more minor risks that have low likelihood of occurring, that represent minor negative impacts to the Program should the risks occur, or that can be easily mitigated with only minor Proposal revisions or nominal Government oversight during performance.

Neutral Risk No recent/relevant past performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Table 3: Presents the comment ratings of strengths, meets, weaknesses, significant weaknesses, and deficiency.

Table 3. Definitions of Comment Ratings

Comment Ratings Definitions

Strength

A strength adds value to the requirement and it is worthy of being noted. That part of a Proposal that represents an added benefit to the Government or is expected to increase the quality of the Offeror’s performance. For example, strengths may be high-quality personnel; relevant expertise; facilities; organizational structures;

and/or technical approaches that allow the Offeror to perform the work at a higher level of quality.

Meets Reserved for identifying notable areas of a Offeror’s Proposal that are found to be representative of the norm, i.e., successful in meeting the requirements of the solicitation and / or the SOW.

Weakness

A flaw in the Proposal that increases the risk of unsuccessful contract performance.

That part of a Proposal that detracts from the Offeror’s ability to meet the Government’s requirements or results in inefficient or ineffective performance.

For example, below-average quality personnel; questionable relevant expertise;

facilities; organizational structures; and/or technical approaches that cause the Offeror to perform the work at a lower level of quality.

Significant Weakness

A flaw that appreciably increases the risk of unsuccessful contract performance.

That part of a Proposal that detracts from the Offeror’s ability to meet the Government’s requirements or results in inefficient or ineffective performance. A significant weakness is difficult to correct and offers potential for significant negative impact on quality of products or services.

Deficiency A material failure of a proposal to meet a Government requirement, significant omissions, or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

The FDA will assess the relative risks associated with each proposal and the Offeror’s demonstrated potential for performance. Risk is defined as the likelihood that the offeror’s proposal may negatively impact performance, result in increased costs, the need for increased Government oversight or the likelihood of unsuccessful contractor performance.

(c) Evaluation of Technical Proposal – Factors 1 and 2

Offerors will be evaluated as follows:

Evaluation Factor 1: Management Approach

1. The Government will evaluate the Offeror’s management approach to the service requirements set forth in the IDIQ SOW paragraphs and, specifically, Section 2 task descriptions, and the extent to which the Offeror’s management approach to the service requirements addresses the need to manage multiple requirements and is structured, comprehensive, logical, and executable.

2. The Government will evaluate the extent to which the Offeror’s proposed procedures and methods for meeting the SLAs in the IDIQ SOW are proactive, comprehensive, logical and executable.

3. The Government will evaluate the extent to which organizational structure, organizational resources, and management controls described in the PMP effectively incorporate quality, and repeatable and managed processes.

4. The Government will evaluate whether the offeror’s approach to attract, retain, and replace qualified personnel with the different skillsets identified in Attachment B-Acquisitions and Grants Support Services Labor Categories and Descriptions necessary to meet the staffing requirements for the duration of the IDIQ is realistic and executable.

5. The Government will evaluate whether Key Personnel (i.e., the Program Manager, Project Manager) meet the requirements specified in Attachment B –Acquisitions and Grants Support Services Labor Categories and Descriptions, and the extent to which Key Personnel demonstrate the management expertise and experience necessary to perform a contract of this magnitude successfully. The Government will evaluate whether the offeror has provided signed commitment letters for the key personnel resumes submitted.

6. The Government will evaluate whether the Senior Contract Specialist and Grant and Agreement Specialist III meet the requirements specified in Attachment B-Acquisitions and Grants Support Services Labor Categories and Descriptions, and the extent to which they have experience relevant to the Services described in the IDIQ SOW. The Government will evaluate whether the offeror has provided signed commitment letters for the key personnel resumes submitted.

Evaluation Factor 2: Relevant Experience

The Government will evaluate the extent to which the Offeror's proposal narrative demonstrates its recent experience on related IDIQ, BPA efforts, or complex time and materials or labor hour contracts within the last three (3) years, and the relevance of the work performed under those contracts to the IDIQ SOW in terms of scope, complexity, and size as defined in the instructions. In addition, the Government will evaluate the Offeror's roles and responsibilities, performance, ability to overcome risks encountered and mitigation steps taken for these contracts or subcontracts .

(d) Evaluation of Past Performance – Factors 3

Evaluation Factor 3: Past Performance

The Government will assess the relative performance risk associated with each offer. Performance risks are those associated with an Offeror's likelihood of success in performing the acquisition requirements, as indicated by that Offeror's record of past performance. The assessment of performance risk is not intended to be a product of a mechanical or mathematical analysis of an Offeror's performance on a list of contracts but rather the product of subjective judgment by the Government after it considers relevant information.

When assessing performance risk, the Government will evaluate the Offeror's past performance information as it relates to the acquisition’s requirements, such as the Offeror's record of performing according to specifications, including standards of good workmanship; the Offeror's record of controlling and forecasting costs; the Offeror's strengths and weaknesses; the Offeror's adherence to quality standards; the Offeror's adherence to contract schedules, including the administrative and management aspects of performance; the Offeror's reputation for reasonable and cooperative behavior and commitment to customer satisfaction; the offeror’s ability to fill required position quickly; and generally, the Offeror's business-like concern for the interest of the customer.

The Government may consider the currency and relevance of the information, source of the information, context of the data, and general trends in the Offeror's performance. The Government may rely upon data from sources other than those references submitted by the Offeror. The Government reserves the right to evaluate the Offeror's past performance using sources in addition to the submitted past performance questionnaires (Attachment C). Such sources may include, but are not limited to, the CPARS and PPIRS.

An Offeror without a record of past performance, or for whom information on past performance is not available, will not be evaluated favorably or unfavorably and will be given a Neutral risk assessment rating.

(e) Evaluation of Price Proposal – Factor 4

Evaluation Factor 4: Price

The Government will evaluate the Offeror’s total proposed costs for the duration of the IDIQ (including the 6-month option period, per FAR 52.217-8), based on the estimated hours and the Offeror’s loaded bill rate on the pricing worksheet (Attachment D). Price analysis will be conducted to verify that the overall price is considered fair and reasonable. As part of this evaluation, the Government will evaluate the reasonableness of the proposed pricing based on historical and comparative pricing information for the industry.

FEDERAL ACQUISITION REGULATIONS (FAR) PROVISIONS

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es):

FAR: www.acquisition.gov HHSAR: https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

FAR PROVISION # TITLE DATE

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS (SEP 2007)

TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS-REPRESENTATION (JAN 2017)

FAR 52.204-4 PRINTED OR COPIED DOUBLE SIDED ON (MAY 2011)

RECYCLED PAPER

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

FAR 52.216-31 TIME-AND-MATERIALS/LABOR HOUR PROPOSAL REQUIREMENTS

COMMERCIAL ITEM ACQUISITION (FEB 2007)

http://www.acquisition.gov/ https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

FAR 52.222-24 PRE-AWARD ON SITE EQUAL OPPORTUNITY

COMPLIANCE EVALUATION (FEB 1999)

52.212-1 Instructions to Offerors—Commercial Items. (JAN 2017)

Addendum to (k) – The prospective awardee shall be registered in the SAM database by the close date of the solicitation, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Offeror’s proposal will not be evaluated or considered for award. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

52.212-2 Evaluation—Commercial Items.

EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1: Management Approach

Factor 2: Relevant Experience

Factor 3: Past Performance (Risk Assessment)

Factor 4: Price

Technical (Factors 1 and 2, ) and past performance, when combined, is significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (JAN 2017) https://www.acquisition.gov/

This provision applies to this acquisition. Offerors are to provide required data as (Attachment E) with their proposals.

FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

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):

FAR: www.acquisition.gov HHSAR: https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

(End of Clause)

FAR CLAUSE # TITLE DATE-

FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS. (JAN 2017)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

FAR 52.212-4 Alt I CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017)

FAR 52.227-14 RIGHTS IN DATA – GENERAL (MAY 2014)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

CONTRACTORS (DEC 2013)

FAR 52.242-15 STOP - WORK ORDER (AUG 1989)

FAR 52.245-1 GOVERNMENT PROPERTY (APR 2012)

FAR 52.247-34 F.O.B DESTINATION (NOV 1991)

FAR 52.247-35 F.O.B DESTINATION, WITHIN CONSIGNEE’S PREMISES (APR 1984)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (JAN 2017)

The additional FAR clauses cited in this clause that have a “check” or an “x” next to them are applicable to the acquisition. (Full text of this clause is in Attachment F – FAR 52.212-5 In Full Text Applicable To This Acquisition.)

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Base Contract Award through five (5) years, and with a 6-month extension if the option clause is exercised.

http://www.acquisition.gov/ https://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(END OF CLAUSE)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$3,000.00______, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated…