RFP_277-14-0442.docx

OMB NO. 0990-0115

SOLICITATION

SECTION A - SOLICITATION/CONTRACT FORM

2. ISSUE DATE:

April 21, 2014

3. SET ASIDE: __ NO

x YES See Part IV Section L

4 TITLE: Technical Support for Drug Free Workplace

5. ISSUED BY:

Division of Contracts Management Office of Financial Resources Substance Abuse and Mental Health Services Administration 1 Choke Cherry Road, Room 7-1065 Rockville, Maryland 20857

6. 6. SUBMIT OFFERS TO:

See Part III, Section J, "Packaging and Delivery of the Proposal," ATTACHMENT 4 of this Solicitation.

7. Proposals for furnishing the supplies and/or services in THE SCHEDULE will be received at the place specified in, and in the number of copies specified in Attachment 4 until 3:00 p.m. local time on May 20, 2014.

8. THIS SOLICITATION REQUIRES DELIVERY OF PROPOSALS TO THE OFFICIAL POINT OF RECEIPT FOR THE PURPOSE OF DETERMINING TIMELY DELIVERY AS STATED IN THE COVER LETTER OF THIS RFP. THE COVER LETTER IS AN OFFICIAL PART OF THIS RFP PACKAGE. IF YOUR PROPOSAL IS NOT RECEIVED BY THE CONTRACTING OFFICER OR HIS DESIGNEE AT THE PLACE AND TIME SPECIFIED, THEN IT WILL BE CONSIDERED LATE AND HANDLED IN ACCORDANCE WITH FAR CLAUSE 52.215-1, ALTERNATE I, ENTITLED, "INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION”

9. Offeror must provide full name, address, TIN, and, if different, the address to which payment should be mailed.

11. Table of Contents on following page.

DETAILED TABLE OF RFP CONTENTS

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES 25

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHERATTACHMENTS

SECTION J - LIST OF ATTACHMENTS 29

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

1.GENERAL INFORMATION 36

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The purpose of this contract is to provide CSAP/DWP with technical support for the Drug-Free Workplace Program (DFWP) to satisfy the requirements of E.O. 12564, P.L. 100-71 and the Mandatory Guidelines for Federal Workplace Drug Testing Programs. This contract also provides service support to all executive branch federal agencies for their Drug-Free Workplace programs. The contract services support includes the following:

This contract provides technical support for:

This contract addresses SAMHSA Strategic Initiative #1: Prevention of Substance Abuse and Mental Illness.

B.2. ESTIMATED COST, BASE FEE, AWARD FEE AND OPTIONS

b.2.1 Estimated Cost: the estimated cost (exclusive of any fees) including direct and indirect costs, of the Base Year of this contract is To be Inserted at Time of Award (TOA).

b.2.2 Base Fee: The base fee for the Base Year of this contract is Time of Award (TOA). The base fee shall be paid in installments based on the percentage of completion of work, as determined by the Contracting Officer, and subject to the withholding provisions of the clauses ALLOWABLE COST AND PAYMENT (52.216-7), and FIXED FEE (52.216-8) incorporated herein. Payment of the base fee shall not be made in less than monthly increments.

b.2.3 Award Fee: The maximum Award Fee obtainable for the base year of this contract is Time of Award (TOA). Award Fee earned shall be based upon an evaluation and determination by the Government as to the Contractor's level of performance in accordance with the procedures set forth in Section H.2 of this contract.

b.2.4 Government’s Maximum Obligation: The Estimated Cost-Plus-Base Fee-Plus Maximum Award Fee Obtainable for the Base Year of this contract is To Be Inserted at Time of Award (TOA). This represents the Government’s MAXIMUM OBLIGATION under this contract.

b.2.5 Total Contract Value/Government’s Maximum Obligation if all Options are Exercised: If the Government exercises its options pursuant to Section H.1.b of this contract, the Government’s MAXIMUM obligation represented by the sum of the Estimated Cost-Plus-Base Fee-Plus Maximum Award Fee Obtainable, will be increased as follows: To Be Inserted at Time of Award (TOA)

RFP No. 277-14-0442 b.2.6 Total Funds Currently Available

Total funds currently allotted to and available for payment and obligated to this contract are Time of Award (TOA) of which Time of Award (TOA) represents the Estimated Cost; Time of Award (TOA) represents the Base Fee; Time of Award (TOA) represents the Maximum Award Fee Obtainable. See the LIMITATION OF COST clause incorporated herein.

Period of Performance

Estimated Cost

Base Fee

Award Fee

Total

This Action - Base Year (9/30/14-9/29/15)

Option Year 1 (9/30/15-9/29/16)

Option Year 2 (9/30/16-9/29/17)

Option Year 3 (9/30/17-9/29/18)

Option Year 4 (9/30/18-9/29/19)

Total b.2.7 It is estimated that the amount currently allocated to the contract will cover performance of the contract through Time of Award (TOA).

b.2.8 The Contracting Officer may allot additional funds to the contract without the concurrence of the contractor. For further provisions on funding, see the LIMITATIONS OF COST AND THE ALLOWABLE COST AND PAYMENT (AND FIXED FEE) clauses incorporated into the contract.

b.2.9 Summary of Funding

Base Year (9/30/14-9/29/15) Estimated Cost

Base Fee

Award Fee

Option 1 (9/30/15-9/29/16) Estimated Cost

Base Fee

Award Fee

Option 2 (9/30/16-9/29/17) Estimated Costs

Base Fee

Award Fee

Option 3 (9/30/17-9/29/18) Estimated Costs

Base Fee

Award Fee

Option 4 (9/30/18-9/29/19) Estimated Costs

Base Fee

Award Fee

Total

B.3. PROVISIONS APPLICABLE TO DIRECT COSTS

a. Notwithstanding the clauses ALLOWABLE COST AND PAYMENT, incorporated in this contract, unless authorized in writing by the Contracting Officer, the costs of the following items or activities shall be unallowable as direct costs:

(13) Any costs for meetings, workshops, or conferences which did not have prior Contracting Officer Approval, as detailed below.

a. Prior approval to planning, arranging or holding meetings, workshops or conferences under this project – A COA will be issued with the approved amount for the activity. If during the planning of the activity the cost estimate amount increases, then the COR must be notified immediately and provided a revised cost estimate, documentation and justification for the change. This new cost estimate will need to be reviewed and approved prior to the contractor proceeding and incurring costs over the original approved amount. An amended COA will be provided once the increase is approved. The contractor should track the actual costs of the activity and maintain this information in an event log to report the actual costs incurred. The Government may request this information at any time. Once the event is approved (or amended), under no circumstances shall the costs of a given event exceed the amount approved.

b. Cost of food and/or light refreshments for meetings, conferences, workshops, etc. is always unallowable.

b. Travel Costs

(1) Domestic Travel

a. Total expenditures for domestic travel (transportation, lodging, subsistence, and incidental expenses) incurred in direct performance of this contract shall not exceed the rates set forth in the Federal Travel Regulations (FTR) (http://www.policyworks.gov/org/main/mt/homepage/mtt/ perdiem/travel.shtml), without the prior written approval of the Contracting Officer.

b. Contractor costs for travel, including lodging, subsistence, and incidental expenses, shall be allowable only to the extent that they do not exceed the amount allowed for under the contractor’s travel policies.

c. The cost of travel by privately-owned automobile shall be reimbursed at the Government mileage rate allowed Federal employees and in effect at the time incurred in lieu of actual costs. However, reimbursement for transportation by this means shall not exceed the otherwise allowable comparative costs of travel by common carrier.

d. No funds provided under this contract shall be used for reimbursement of travel expenses incurred by Government employees.

e. All travel arrangements shall be made by the Contractor utilizing Government rates when that rate is the lowest available. Should the Government’s rate not be the best price, in such cases as discount and/or super saver airfare, then the lowest price will dictate. Any refunds, rebates, or other benefits provided by airlines, hotels, etc., as a result of travel arrangement made under this contract shall be applied to the contract and shall not revert to the Contractor or the Contractor’s affiliates. The Contractor shall cite in any claim for reimbursement of travel costs, the source of the rate used.

f. This contract is subject to the provisions of Public Law 99-234 which amends the Office of Federal Procurement Policy Act to provide that Contractor costs for travel, including lodging, other subsistence, and incidental expenses, shall be allowable only to the extent that they do not exceed the amount allowed for Federal employees. The Contractor, therefore, shall invoice and be reimbursed for all travel costs in accordance with FAR 31.205-46.

g. Any cost incurred prior to the effective date of this contract shall be considered unallowable and not reimbursable under this contract, unless elsewhere authorized.

(2) Foreign Travel

Requests for foreign travel must be submitted to the SAMHSA Contracts Office at least six (6) weeks in advance, and shall contain the following:

(a) meeting(s) and place(s) to be visited, with costs and dates;

(b) names and titles of persons to travel and their functions in the contract project;

(c) contract purposes to be served by the travel;

(d) how travel of these personnel will benefit and contribute to accomplishing the contract project, or will otherwise justify the expenditure of SAMHSA contract funds;

(e) how such advantages justify the costs for travel; and

(f) what additional functions may be performed by the travelers to accomplish other purposes of the contract and thus further benefit the project.

B.4. ADVANCE UNDERSTANDINGS

a. Other provisions of this contract notwithstanding, approval of the following items within the limits set forth is hereby granted without further authorization from the Contracting Officer:

To be Negotiated.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. STATEMENT OF WORK

a. Independently and not as an agent of the Government, the Contractor shall be required to furnish all the necessary services, qualified personnel, material, equipment, and facilities, not otherwise provided by the Government, as needed to perform the Statement of Work, SECTION J, ATTACHMENT 1, attached hereto and made a part of this Contract.

SECTION D - PACKAGING, MARKING AND SHIPPING

All deliverables required under this contract shall be packaged, marked and shipped in accordance with Government specifications. The Contractor shall guarantee that all required materials shall be delivered in immediate usable and acceptable condition.

D.1. PACKAGING, AND MARKING

a. Slides (and other transparencies)

All slides will be delivered in person or through the mail using slide sheets, plastic containers, or slide trays for protection. Each slide will be labeled with title and/or identifying number in series and labeled with a red dot in lower left corner.

b. Audio Cassettes, Videotapes, and Film

All tapes and film will be delivered either in person or through the mail in plastic cases (tape), cardboard boxes (film) and be enclosed in padded mailing bags for protection. All tapes and film will have identifying labels on the tape/film and outside on the case/box. Labels will have SAMHSA identification and specific identifying information about the project.

c. Photographs

All photographs will be delivered either in person or using cardboard to protect the photographs from bending. Each photograph will be labeled either on the back or with the label otherwise attached to the actual photograph. Release forms will be secured for all photographs, filed, and be turned over to the Project Officer at the end of the contract.

d. Storyboards

All original mechanicals for storyboards will be delivered in person in protective cases for transport to the Government Printing Office.

D.2. SHIPPING

a. Oversized envelopes and other containers

In addition to requirements stated in the Performance Work Statement, the Contractor shall be required to provide containers to accommodate oversized materials that must be transported to the Government Project Officer, or Government Printing Office, e.g., for posters, etc.

D.3. All of the above required deliverables shall be marked "Contract No. To Be Determined " and shall indicate the contract title. All deliverables shall be made to the SAMHSA Project Officer at the following address:

Time of Award (TOA) 1 Choke Cherry Road, Room Time of Award (TOA) Rockville, Maryland 20857

SECTION E - INSPECTION AND ACCEPTANCE

E.1. INSPECTION AND ACCEPTANCE

a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

b. For the purpose of this SECTION, the Government Project Officer is the authorized technical representative of the Contracting Officer.

c. Inspection and acceptance will be performed at:

Time of Award (TOA) 1 Choke Cherry Road, Rm. Time of Award (TOA) Rockville, Maryland 20857

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative with 30 days of receipt.

d. This contract incorporates the following clause by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

FAR Clause No. 52.246-5, INSPECTION OF SERVICES-COST REIMBURSEMENT (APRIL 1984).

SECTION F - DELIVERIES OR PERFORMANCE

F.1. PERIOD OF PERFORMANCE

Performance of this contract shall begin on Time of Award (TOA), and shall not extend beyond the estimated completion date of Time of Award (TOA), unless the period is extended by modification of the contract. See Section H.1 regarding potential Option periods: Option 1 extends the contract through Time of Award (TOA), Option 2 extends the contract through Time of Award (TOA), Option 3 extends the contract through Time of Award (TOA), and Option 4 extends the contract through Time of Award (TOA).

F.2. DELIVERIES

a. Satisfactory performance of this contract shall be deemed to occur upon delivery and acceptance by the Contracting Officer, or the duly authorized representative, of the following items in accordance with the stated delivery schedule contained in Attachment 2:

(1) The items as described in the SCHEDULE OF DELIVERABLES, Attachment 2, shall be delivered in accordance with and by the date(s) specified. Note: Unless noted otherwise, 1 copy of each deliverable is required. Due Dates are calendar dates (not business days.)

b. If the Contractor is unable to meet the delivery schedule stated because of unforeseen difficulties, notwithstanding the exercise of good faith and diligent efforts in performance of the work, the Contractor shall immediately notify the Contracting Officer in writing of the anticipated delay, the reason for the delay, and the expected date of delivery.

c. Concurrent with submission of the required number of copies of each report to the Project Officer, the contractor shall submit one copy of the monthly, annual report and final reports to the Contracting Officer at the following address:

To be Inserted at Time of Award Contract Specialist Division of Contracts Management Office of Financial Resources, SAMHSA 1 Choke Cherry Road, Rm. To be Inserted at Time of Award Rockville, MD 20857

d. In addition to the above, the following items shall be delivered as follows:

1 to Property Officer* Each year on October 30th

Original + 1 copy – CS 1 copy to COR Monthly, within 20 days after end of period reported.

* One copy to the Contracting Officer and the original to SAMHSA Property Officer, 1 Choke Cherry Road, Room L-1019, Rockville, MD 20857.

F.3 The following FAR Clauses apply to this contract and are incorporated by reference with the same force and effect as if they were given in full text.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The following Contracting Officer’s Representative(s) will represent the Government for the purpose of this contract:

Contracting Officer’s Representative To Be Inserted at Award Center for To Be Inserted at Award 1 Choke Cherry Road, Room TBD Rockville, MD 20857 Phone: To Be Inserted at Award Fax: To Be Inserted at Award Email: To Be Inserted at Award

Alternate Contracting Officer’s Representative To Be Inserted at Award Center for To Be Inserted at Award 1 Choke Cherry Road, Room TBD Rockville, MD 20857 Phone: To Be Inserted at Award Fax: To Be Inserted at Award Email: To Be Inserted at Award

The Government Contracting Officer’s Representative (COR) is responsible for: (1) monitoring the contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as an agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the contractor of any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The Government may unilaterally change the COR designation for this contract.

G.2. KEY PERSONNEL

Pursuant to the Key Personnel clause incorporated in this contract, the following individual(s) is/are considered to be essential to the work being performed hereunder:

NAME TITLE PERCENTAGE OF TIME

To Be Inserted

The clause cited above contains a requirement for review and approval by the Contracting Officer of written requests for a change of Key Personnel reasonably in advance of diverting any of these individuals from this contract. Receipt of written requests at least 30 days prior to a proposed change is considered reasonable.

G.3. INVOICE SUBMISSION

Invoice/Financing Request Instructions for SAMHSA Cost-Reimbursement Type Contracts, are attached and made part of this contract. The Billing Instructions and the following directions for the submission of invoices/financing requests must be followed to meet the requirements of a "proper" payment request pursuant to FAR 32.9.

a. The Contractor agrees to provide a Contact Name, Phone Number and DUNS Number on every invoice

b. The contractor shall submit an original and one (1) copy of its invoice(s) to:

This shall include the completed Voucher Review Sheet in Attachment 4.

c. The contractor shall submit one (1) copy of its invoice(s) to:

This shall include the completed Voucher Review Sheet in Attachment 4.

d. The contractor shall submit one (1) copy of its invoice(s) to:

Chief, Program Support Center (PSC) Division of Financial Operations 12501 Ardennes Avenue, Suite 200 Rockville, MD 20852

e. Inquiries regarding payment of invoices should be directed to the designated payment office:

Twinbrook Place, Suite 200 12501 Ardennes Avenue Rockville, Maryland 20852

(301) 443-3020 (phone)

(301) 443-0562 (fax)

G.4. INDIRECT COST RATES

a. In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Clause 52.216-7(d)(2), Allowable Cost and Payment incorporated by reference in this contract in Part II, Section I, the cognizant Contracting Officer responsible for negotiating provisional and/or final indirect cost rates is identified as follows:

To Be Inserted

b. These rates, including modifications thereto, are hereby incorporated without further action of the Contracting Officer.

If the contractor’s provisional negotiated rate agreement lapses the contractor is limited to the following billing rates until such agreement is finalized:

Billing Rate

To Be Inserted

c. Notwithstanding the foregoing, the Contractor shall, in the case of an upward adjustment of the provisional rates, comply with the requirements of FAR 52.232-20 “Limitation of Cost” of the contract, and provide timely notification to the Contracting Officer, where such increase in costs causes operation of that clause.

G.5 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS

The information required by FAR Clause 52.232-33, "Payment by Electronic Funds Transfer–System for Award Management" (JUL 2013), shall be submitted to the following address:

Program Support Center (PSC) Division of Financial Operations Twinbrook Place, Suite 200 12501 Ardennes Avenue Rockville, Maryland 20852

(301) 443-3020 (phone)

(301) 443-0562 (fax)

G.6 GOVERNMENT PROPERTY

a. If the Contractor is authorized to acquire Government Property during the performance of this contract, the DHHS Publication (OS) 686, entitled, Contractor’s Guide for Control of Government Property (1990), will be incorporated by reference. The Contractor is referred to http://knownet.hhs.gov/log/AgencyPolicy/HHSLogPolicy/contractorsguide.htm for the latest Contractor’s Guide.

The Contract's Property Management Officer is:

Charles Farlow, Logistics Operations Team Leader Division of Administrative Services, OMTO, SAMHSA 1 Choke Cherry Road, Room L-1031 Rockville, MD 20857

b. Upon completion of this contract, and throughout the contract as requested, the Contractor agrees to furnish to the Contracting Officer, without delay, the inventory schedule covering all Government Data furnished or acquired for use in the performance of the predecessor contract. Title to all data acquired or furnished under the predecessor contract and now accountable under this contract shall vest and remain vested in the Government.

G.7. PUBLICATION CLEARANCE REQUIREMENTS

1. Concept Clearance Requirement:

The contractor shall not expend funds on the development of any specific communications product until the SAMHSA Office of Communications has issued a concept clearance or other commensurate approval for the product. For this purpose, a communications product is defined as an item of printed or audiovisual information carrying the Department's name as the publisher or in which the Department has a proprietary interest, whether written or published in the Department or outside, regardless of how it is financed. A publication or audiovisual product requires clearance through SAMHSA and DHHS communications channels if 50 or more copies of it are to be distributed outside of DHHS or if it will be posted on a Website available outside of DHHS. This applies to communications products distributed to Congress, other Federal, State, and local branches of government, contractors, grantees and intermediaries. It includes products printed or duplicated by contractors or by desktop means. Communications products include, but are not limited to, books, booklets, brochures/pamphlets, reports, newsletters, electronic/web, videos and audiotapes.

2. Writer/Editor Requirement:

Products being developed under this contract for potential dissemination by SAMHSA must be developed and/or reviewed by a senior writer/editor who has been identified among the key personnel for this project. That individual must be able to provide the necessary expertise for appropriate and accurate content and editorial review needed to achieve a high standard of excellence in content, syntax, grammar, and style, including attention to the match between target audience and content level.

3. Manuscript/Galley Requirement:

Products developed under this contract for potential dissemination by SAMHSA should (i) reflect consistent use of a consistent style manual (preferably COR, although other manuals may be selected and used with reason), (ii) adhere to common standards of grammar and usage, and (iii) include correct form and content in use of logos, content and look of cover, title page, and acknowledgment/disclaimers, as determined by SAMHSA's Office of Communications.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. OPTIONS

a. Unless the Government exercises its options pursuant to options clause for Options 1, 2, 3 and 4 described in section B, the contract consists only of one 12 month base year of the Statement of Work as defined in Sections C and F of this contract Pursuant to clause 52.217-9 set forth in paragraph b., below, the Government may, by unilateral contract modification, require the Contractor to perform Years 2, 3, 4, and 5 of the Statement of Work as also defined in Sections C and F of this contract. If the Government exercises these options, notice must be given at least 30 days prior to the expiration date of this contract and the estimated cost of the contract will be increased as set forth in Section B.

b. 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT (MARCH 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor for up to four (4) additional years, provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises these options, the extended contract shall be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

a. 52.217-8, OPTION TO EXTEND SERVICES (NOV 1999)

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

H.2. Performance Based Contract Plan

a. Introduction

This is a performance-based contract oriented toward outcomes and products. As such, it gives the contractor the liberty to propose creative solutions and conceive new or alternative methods to achieve the Government’s objectives. Management of the award fee and performance objectives are discussed in detail below. As an additional incentive option years for the continuation of this contract will only be awarded with continued acceptable performance (Satisfactory or better).

b. Award Fee Plan

The contractor will receive a small base fee and will be eligible for an award fee, which will be tied to the achievement of the performance objectives and targets specified. The award fee determinations are not subject to the Disputes Clause (FAR 52.233-1). The Agency's decision to pay or not to pay Award Fee in no way alters the contractor's responsibilities to perform any functions or produce any deliverables required by the contract. The Agency’s decision to pay or not to pay award fee in no way alters the Department's obligation to pay the contractor for satisfactory deliverables in accordance with the contract. The distribution of the award fee, in whole or in part, will occur annually at the end of each contract year, based on the Government’s evaluation of whether the Contractor has met or exceeded the performance standards, in accordance with the Quality Assurance Surveillance Plan, at Attachment 3. Award Fee is available for services and products identified below:

ANNUAL AMOUNTS AVAILABLE FOR AWARD FEE (to be evaluated and paid annually):

Service/Product/Task

See amounts available annually at Section B.2.5.

Award for Evaluation - Unacceptable Reduces base fee by 5% annually per unacceptable rating Award for Evaluation - Marginal 0%*

Award for Evaluation - Satisfactory 50%* Award for Evaluation - Excellent 80 % * Award for Evaluation - Superior 100%*

Task 2 Group/Workgroup Support

Each Pool gets 1/13 of the available award fee for the current year. The evaluation rating will be that % of the 1/13 of the available award fee.

Task 4 Federal Agency Drug Free Workplace program Plans – Certification and Maintenance of Plans

Each Pool gets 1/13 of the available award fee for the current year. The evaluation rating will be that % of the 1/13 of the available award fee.

Task 5 Reports to Congress

Each Pool gets 1/13 of the available award fee for the current year. The evaluation rating will be that % of the 1/13 of the available award fee.

Task 7 Dissemination of Information to the Public

Each Pool gets 1/13 of the available award fee for the current year. The evaluation rating will be that % of the 1/13 of the available award fee.

Task 9 Agency DPC/DFWP Staff Training and Technical Assistance

Each Pool gets 1/13 of the available award fee for the current year. The evaluation rating will be that % of the 1/13 of the available award fee.

Total Award Fee Available

See Chart in Section B.2.3 for Total Award Fee Available

* Percentage of Award Fee that can be actually awarded at this score.

The Contracting Officer and the COR shall together determine whether a product/service is delivered on time and within budget. If it is deemed to be on time and within budget, it will be evaluated for quality by an Award Fee Evaluation Group (Group). Each Group will consist of the COR, the Contracting Officer or his/her designee, and may include one other government official or non-government personnel (depending on specific expertise) specified by the COR and approved by the Contracting Officer. The composition of the Group may change from task to task.

Each member of the Group will evaluate the quality of the task using a numerical rating scale from 0 to 100. The scale will be defined as follows:

Definition of Rating

Adjective Rating

Numerical Rating

Fee %

Superior - Contractor’s performance exceeds standards by substantial margin, the monitor can cite few areas for improvement, all of which are minor.

Superior

90 – 100

100%

Excellent - Contractor’s performance exceeds standard, and although there may be several areas for improvement, these are more than offset by better performance in other areas

Excellent

80 - 89

80%

Satisfactory - Contractor’s performance is standard and area’s for improvement are approximately offset by better performance in other areas.

Satisfactory

70 - 79

50%

Marginal - Contractor’s performance is less than standard, and although there are areas of good or better performance, these are more than offset by lower rated performance in other areas.

Marginal

60-69

0%

Unacceptable - Contractor’s performance is less than standard by a substantial margin, and the monitor can cite many areas for improvement which are not offset by better performance in other areas. Less satisfactory performance would be unacceptable.

Unacceptable

Below 60

Base Fee may be reduced by 5% per 12-month period, per unacceptable task.

Each member of the Group will give the product a numerical rating and those ratings will be averaged. An Average of less than 60 (Unacceptable) may result in a 5% reduction in base fee for that twelve month rating period, per unacceptable task. An average score between 60-69 (Marginal Performance) will result in Award of 0%, an average of 70-79 (Satisfactory) will result in Award of 50%, an average of 80-89 (Excellent) will result in Award of 80%, and an average of 90 through 100 (Superior) will result in Award of 100%.

H.3. PRIVACY ACT

This procurement action requires the Contractor to do one or more of the following: design, develop, or operate a system of records on individuals to accomplish an agency function in accordance with the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 USC 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. The Contractor shall ensure that each Contractor employee knows the prescribed Rules of Conduct and each Contractor employee knows that he/she can be subject to criminal penalties for violation of the Privacy Act.

The Privacy Act System of Records applicable to this project is System Notice 09-30-0049. This document is incorporated into this contract as an Attachment 12 in Section J.

The Privacy Act is applicable to the records kept by the Contractor on paying honorarium and/or per diem to Consultants. The Contractor shall destroy these records in accordance with the provisions of the Privacy Act after contract closeout has occurred and the accounting record retention requirements of the Internal Revenue Service and the General Accounting Office have been met.

H.4 HHSAR 352.231-70 SALARY RATE LIMITATION (AUG 2012)

(a) Pursuant to the current and applicable prior HHS appropriations acts, the Contractor shall not use contract funds to pay the direct salary of an individual at a rate in excess of the Federal Executive Schedule Level in effect on the date the funding was obligated (the effective date of the contract action). Funding obligated on or after December 23, 2011 cannot be used to pay the direct salary of an individual at a rate in excess of Federal Executive Schedule Level II.

(b) For purposes of the salary rate limitation, the terms “direct salary,'' “salary”, and “institutional base salary'', have the same meaning and are collectively referred to as “direct salary'', in this clause. An individual's direct salary is the annual compensation that the Contractor pays for an individual's direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative [F&A] costs).

Note: The salary rate limitation does not restrict the salary that an organization may pay an individual working under an HHS contract or order; it merely limits the portion of that salary that may be paid with contract funds.

(c) The salary rate limitation also applies to individuals under subcontracts. If this is a multiple-year contract or order, it may be subject to unilateral modification by the Contracting Officer to ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision established in the HHS appropriations act in effect when the expense is incurred regardless of the rate initially used to establish contract or order funding.

(d) See the salaries and wages pay tables on the U.S. Office of Personnel Management Web site for Federal Executive Schedule salary levels that apply to the current and prior periods.

(End of clause)

H.5. PURCHASE OF INFORMATION RESOURCE TECHNOLOGY

At least 30 days prior to purchase of Information Resource Technology (IRM) hardware and software, the Contractor shall submit a list of all proposed IRM equipment to the SAMHSA Contracting Office for approval by the Contracting Officer. The list shall contain: (1) name of item, (2) manufacturer, (3) part number, (4) version, (5) quantity, (6) options and (7) evidence of competition (i.e. list of vendors and equipment prices). The Contractor shall not purchase any IRM equipment until the Contracting Officer notifies the Contractor in writing that approval has been granted.

H.6. SOFTWARE IMPLEMENTATION

Software packages proposed for use by the Contractor that are not otherwise specified in the Statement of Work, shall be approved by the Contracting Officer prior to implementation. The Contractor may be required to demonstrate software packages before approval is granted. This does not apply for software that is for internal use of the Contractor.

H.7. COMPLIANCE WITH SAMHSA/DIRM GUIDELINES

Contractor shall use software that meets SAMHSA Guidelines. Specifically, the system(s) must be PC compatible, operate in a Windows environment, and use Microsoft Office Suite (Word; Excel; PowerPoint; and Access), .Net, Java or other software; Oracle or SQL server databases, as well as web applications services such as IIS and Oracle AS or other software consistent with SAMHSA/DTM standards. The Contractor shall at all times maintain compliance with current DTM standards, which may change over the duration of this task order. Any deviation from the SAMHSA standards should be negotiated with SAMHSA prior to task order award.

H.8. OWNERSHIP OF MATERIALS AND DISPOSITION OF DATA

a. All information and materials including data developed under this contract are the property of the government and shall be delivered as part of the deliverables under the contract. No information developed under this contract shall be released by the contractor without the written permission of the government.

b. Where automated data bases are developed, maintained or regularly updated by the contractor, the Government maintains ownership of all software, manuals, data, data processing, user documentation and any other materials developed by the contractor to manage it. Any software developed to manage or enhance these data must be fully documented and the documentation provided to the Government. Any required transfer of the data will be effected in such a way that the data base will be immediately available without interruption.

H.9. ACCESSIBILITY

Pursuant to Section 508 of the Rehabilitation Act (29 U.S.C. 794d) as amended by P.L. 106-246, all Electronic and Information Technology (EIT) developed, procured, maintained, or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The contractor shall ensure that this technology is accessible to employees, government personnel and members of the public with disabilities to the extent it does not post an “undue burden..” Section 508 Standards speak to various means for disseminating information, including computers, software, and electronic office equipment. It applies to, but is not solely focused on, federal pages on the Internet or the World Wide Web. It does not apply to the web pages of private industry. The complete text of Section 508 Standards can be accessed at http://www.section508.gov.

H.10. CORRESPONDENCE PROCEDURE

To promote timely and effective administration, correspondence (except for invoices, technical progress reports, deliverables) submitted under this contract shall be subject to the following procedures:

(1) Technical Correspondence. Technical correspondence (as used herein, this term excludes technical correspondence which proposes or otherwise involves waivers, deviations, or modification to the requirements, terms or conditions of this contract) shall be addressed to the Project Officer, with an information copy of the basic correspondence to the Contracting Officer.

(2) Other Correspondence. All other correspondence shall be addressed to the Contracting Officer, with information copies of the basic correspondence to the Project Officer.

(3) Subject Line (s). All correspondence shall contain a subject line, commencing with the contract number as illustrated below:

SUBJECT: Contract No. Time of Award (TOA) Request for Approval of

H.11. INVOICE INSTRUCTIONS

The Contractor agrees to specify a cost breakdown and detail on invoices of:

Direct Labor (List by individual and current and cumulative amount for each.)

Fringe Benefits (Cite rate) Supplies Travel (Provide detail) specify transportation costs, per diem & misc.

Reimbursement of travel costs shall, at a minimum, include the following, as they apply: Individual traveling, location traveled from, location traveled to, departure time, dates of travel, mode and cost of transportation, daily per diem rate, number of days of per diem, hotel rate (indicate whether rate is inclusive or tax or list tax separately), number of nights at hotel, rental car rate, POV mileage rate and number of miles, honorarium rate and number of days receiving honorarium.

Other Direct Costs Consultants (identify & cite authorization) specify rate and amount Subcontract Costs (identify and provide detail) Indirect Costs by Category (Cite rate) Fee (if any)

TOTAL COSTS

Invoices should also show the estimated totals for each line item as well as the cumulative amounts billed for each line item. Invoices shall be delivered via regular mail. The cost of overnight or courier to deliver invoices are not allowed under this contract.

H.12. PRINTING

Unless otherwise specified in this contract, the Contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract; except that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page, or less than 25,000 production units in the aggregate of multiple pages will not be deemed to be printing. A production unit is defined as one sheet, size 8½ by 11 inches, one side only, and one color.

H.13. LATE PAYMENTS TO THE GOVERNMENT

Late payment of debts owed the Government by the Contractor, arising from whatever cause, under this contract/order shall bear interest at a rate to be established in accordance with the Treasury Fiscal Requirements Manual. For purposes of this provision, late payments are defined as payments received by the Government more than 30 days after the Contractor has been notified in writing by the Contracting Officer of:

H.14. OMB CLEARANCE

The Contractor shall not collect or record any information calling for answers to identical questions from more than nine (9) persons or organizations. This approval must be obtained before expenditure of funds or public contacts for the actual acquisition of the information. This applies to questionnaires, electronic transmission requirements, etc., regardless of whether the information collection occurs by mail, person or telephone interview or group interviews (e.g., focus groups). It does not matter whether the response is voluntary or mandatory. Information collection may begin only after the Contracting Officer notifies the Contractor in writing that OMB clearance has been obtained.

H.15 STANDARDS OF CONDUCT

The Contractor shall request a Conflict of Interest and Confidentiality Form from the Contracting Officer. This form must be requested within 10 days of the contractor employee being on-site or on board. Failure to comply with the execution of the Confidentiality Form will result in immediate removal and disallowance of any associated costs or payments.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. The Contractor is also responsible for ensuring that employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized.

H.16 Conference Material Disclaimer

Where a conference is funded under this contract, the following shall be included on all conference materials:

“The views expressed in written conference materials or publications and by speakers and moderators at HHS-sponsored conferences, do not necessarily reflect the official policies of the Department of Health and Human Services; nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government.”

H.17 LIMITATION ON SUBCONTRACTING

FAR Clause No. 52.219-14 is applicable to this contract and stated below in full text:

LIMITATIONS ON SUBCONTRACTING (NOV 2011)

(a) This clause…