Attachment_J.8_Responsibility_Determination.docx

Exhibit J.8 191668 Responsibility Questionnaire

Solicitation Number: 191668 - End-Stage Renal Disease Quality Incentive Program (ESRD QIP) Data Validity and Reliability

Prime Offeror Name: DUNS:

In order to facilitate the Contracting Officer’s determination of responsibility as required in accordance with FAR 9.1, please provide responses to the questions below. Please note that prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

Responses shall be supported by appropriate explanations and shall explain where substantiating information can be found, i.e. proposal section, websites, etc.

1) Does your firm have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a))?

Acceptable evidence normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel. Evidence may include financial statements (including income statement, balance sheet, statement of retained earnings, statement of cash flows), evidence of adequate resources or evidence of being able to obtain them, letter from an established bank institution confirming the Offeror’s financial capability, etc.

Offeror Response:

2) Does your company have ability to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments?

Any circumstance suggesting that a contractor might not comply with the contract’s schedule for delivery or performance. Such circumstances may include labor disputes; delivery problems under prior contracts; and inability to demonstrate that suppliers or subcontractors are committed to delivering necessary items or equipment.

3) Have a satisfactory performance record (see 48 CFR 9.104-3(b) and part 42, subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;

Under the FAR, “a prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsible, unless the contracting officer determines that the circumstances were properly beyond the contractor’s control, or that the contractor has taken appropriate corrective action.”

Serious deficiencies in performance may include delinquent performance; delivery of nonconforming items; failure to adhere to contract specifications; late deliveries; poor management or technical judgment; failure to correct production problems; failure to perform safely; and inadequate supervision of subcontractors. Past failure to apply sufficient tenacity and perseverance to perform acceptably is strong evidence of nonresponsibility. Failure to meet the quality requirements of the contract and compliance with subcontracting plans under recent contracts may be considered in determining satisfactory performance.

4) Have a satisfactory record of integrity and business ethics (for example, see Subpart 42.15).

Considerations may include convictions or indictments of corporate officers; integrity offenses constituting grounds for suspension under the FAR; repeated violations of state law; or pending debarments.

Offeror Response:

5) Does your company have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them to provide the services to be performed (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors) (see 9.104-3(a))?

Considerations may include prior work experiences, inability to implement necessary programs or procedures (e.g., for quality assurance), unsatisfactory experience, or lack of experience may be grounds for nonresponsibility determinations. Considerations may include the experience of (1) predecessor firms, when the contractor retains key personnel; (2) parent firms, when their resources would be committed to performing the contract; and (3) principal officers or key employees.

6) Does your company have the necessary technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); to provide the required services?

Consideration may be given to the Offeror possessing necessary equipment or facilities, or proof of the ability to access them in the future.

7) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).

Considerations may include whether contractors are disqualified from or ineligible for a proposed award because of collateral requirements, or other provisions of law specifying when contractors are disqualified from or ineligible for awards. Examples of major collateral requirements include not complying with Equal Employment Opportunity requirements and failure to agree to an acceptable Small Business Subcontracting Plan when applicable, etc.