RFP_277-19-0531_Tech_Support_DFW.pdf

OMB No. 0990-0115

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER UNDER

DPAS (15CFR 350)

RATING PAGE OF

PAGES

2. CONTRACT NO.

3. SOLICITATION NO.

277-19-0531

4. TYPE OF SOLICITATION

_ SEALED BID (IFB )

X NEGOTIATED (RFP)

5. DATE ISSUED

02/28/2019

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO ( IF OTHER THAN ITEM 7)

SAME AS ITEM 7

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

DIVISION OF CONTRACTS MANAGEMENT, OFR

5600 FISHERS LANE, ROOM 17E77C

ROCKVILLE, MD 20857

IMPORTANT - AWARD WILL BE MADE ON THIS FORM, OR ON STANDARD FORM 26 OR BY OTHER AUTHORIZED OFFICIAL WRITTEN NOTICE.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (Rev. 9-97) Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

NOTE: IN SEALED BID SOLICITATIONS “OFFER” AND “OFFEROR” MEANS “BIDS” AND “BIDDERS”.

SOLICITATION

9. SEALED OFFERS IN ORIGINAL AND N/A COPIES FOR FURNISHING THE SUPPLIES OR SERVICES IN THE SCHEDULE WILL BE RECEIVED AT THE PLACE SPECIFIED IN ITEM 8, OR IF HAND CARRIED, IN THE DEPOSITORY LOCATED IN SAME AS ITEM 7 UNTIL 3:00 pm Local time April 1, 2019 .

(Hour) (Date) CAUTION -LATE SUBMISSION, MODIFICATIONS, AND WITHDRAWALS: SEE SECTION L, PROVISION NO. 52.215-1. ALL OFFERORS ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED IN THIS SOLICITATION.

10. FOR INFORMATION

CALL:

A. NAME:

TRACY DAVIDSON, CONTRACT SPECIALIST

B. TELEPHONE NO. (INCLUDE AREA CODE) (NO COLLECT CALLS)

(240) 276-1509

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I- THE SCHEDULE PART II- CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 27-31

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-8 PART III LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTIONS/SPECS./WORK STATEMENTS 9 X J LIST OF ATTACHMENTS 32

X D PACKAGING, MARKING, AND SHIPPING 10 PART IV - REPRESENTATIONS AND CERTIFICATIONS

X E INSPECTION AND ACCEPTANCE 11 X K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

33-41

X F DELIVERIES OR PERFORMANCE 12-13

X G CONTRACT ADMINISTRATION DATA 14-17 X L INSTR., CONDS, AND NOTICES TO OFFERORS 42-57

X H SPECIAL CONTRACT REQUIREMENTS 18-26 X M EVALUATION FACTORS FOR AWARD 58-63

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provision at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13.DISCOUNT FOR PROMPT PAYMENT

(SEE SECTION I , CLAUSE NO.52-232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

40 CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS

(THE offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated;)

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(TYPE OR PRINT)

15B. TELEPHONE NO. (INCLUDE AREA CODE) 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE ENTER SUCH ADDRESS IN SCHEDULE

17. SIGNATURE 18. Date

AWARD (TO BE COMPLETED BY GOVERNMENT)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304 (c ) ( ) 41 U.S.C. 253 (c ) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4

COPIES UNLESS OTHERWISE SPECIFIED)

ITEM

24. ADMINISTERED BY ( IF OTHER THAN ITEM 7)

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

27. UNITED STATES OF AMERICA 28. AWARD DATE

RFP No. 277‐19‐0531

SECTION B ‐ SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

Project Title: “Technical Support for Drug‐Free Workplace”

The purpose of this contract is to provide technical assistance and support for the federal Drug‐Free Workplace Program (DFWP) which is a statutory, regulatory program pursuant to Executive Order 12564 and Public Law 100‐71 (Section 503). This contract provides technical support to the Substance Abuse and Mental Health Services Administration (SAMHSA), Center for Substance Abuse Prevention (CSAP), Division of Workplace Programs (DWP) in administering the day‐to‐day operations of the DFWP;

monitoring federal Executive Branch agencies’ compliance with the DFWP; and satisfying the program’s regulatory requirements among federal agencies and within the drug testing industry.

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

a. Estimated Cost, Base Fee, and Award Fee: The estimated cost (including direct and indirect costs), base fee, and award fee for full performance of the work under this contract if all Option Years and Optional Tasks are exercised is as follows:

Period of Performance Estimated Base Award Fee

Total Cost Fee Possible

Core Tasks (Base Year) $0

All Optional Tasks (Base Year) $0

TOTAL BASE YEAR (09/16/19 – 09/15/20) $0 $0 $0 $0

Core Tasks (Option Year 1) $0

All Optional Tasks (Option Year 1) $0

TOTAL OPTION YEAR 1 (09/16/20 – 09/15/21) $0 $0 $0 $0

Core Tasks (Option Year 2) $0

All Optional Tasks (Option Year 2) $0

TOTAL OPTION YEAR 2 (09/16/21 – 09/15/22) $0 $0 $0 $0

Core Tasks (Option Year 3)

All Optional Tasks (Option Year 3)

TOTAL OPTION YEAR 3 (09/16/22 ‐ 09/15/23) $0 $0 $0 $0

Core Tasks (Option Year 4) $0

All Optional Tasks (Option Year 4) $0

TOTAL OPTION YEAR 4 (09/16/23 – 09/15/24) $0 $0 $0 $0

TOTAL ALL YEARS $0 $0 $0 $0

b. Base Fee: 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.

c. Award Fee: 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.

Payment of Award Fee under this contract shall be accomplished by written notice, issued by the Contracting Officer following each evaluation period. The written notice shall set forth the amount of fee awarded for the performance period evaluated. Upon receipt of the notice, the Contractor may submit a public voucher for payment of the total award fee earned for the period evaluated. Payment of the Award Fee shall be subject to the withholding provision of the Clause entitled “Fixed Fee.”

Notwithstanding any other provisions of the contract, the total fee (base fee plus award fee) for performing this contract shall not exceed the statutory limitation prescribed in the first sentence of Section 304(b) of the Federal Property and Administrative Service Act (41.U.S.C. 254 (b)) for services other than research, development or experimental work in architectural or engineering services relating to any public works or utility projects.

d. Maximum Contract Value, if all Options are Exercised: If the Government exercises its options pursuant to Section H.1 of this contract, the maximum contract value represented by the sum of the estimated cost plus base and award fee obtainable for completion of this contract $To Be Negotiated.

e. Total Funds Currently Available/Obligated: Total funds currently available for payment and allotted to this contract are $To Be Inserted at Time of Award, of which $To Be Inserted at Time of Award represents the estimated costs, $To Be Inserted at Time of Award represents the base fee and $To Be Inserted at Time of Award represents the possible award fee. For further provisions on funding, see the LIMITATION of COST clause incorporated herein.

Estimated Cost Base Fee Award Fee Total

This Action

TOTAL $0 $0 $0 $0

f. It is estimated that the amount currently allocated to the contract will cover performance of the contract through To Be inserted at Time of Award.

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

h. Summary of Funding.

Period Element Negotiated Amount

Amount Funded This Action

Total Amount Funded

Remainder to be Funded

Core Tasks Estimated Cost

Base Year Base Fee

09/16/2019 – 09/15/2020 Award Fee

Core Tasks (Base Year) TOTAL $0 $0 $0 $0

Optional Task 11 Estimated Cost

09/16/2019 ‐ 09/15/2020 Award Fee

Optional Task 11 (Base Year) TOTAL $0 $0 $0 $0

Optional Task 12 Estimated Cost

09/16/2019 ‐ 09/15/2020 Award Fee

Optional Task 12 (Base Year) TOTAL $0 $0 $0 $0

Core + All Opt. Tasks Estimated Cost $0 $0 $0 $0

Base Year Base Fee $0 $0 $0 $0

09/16/2019 ‐ 09/15/2020 Award Fee $0 $0 $0 $0

CORE + ALL OPT. TASKS (Base Year) TOTAL $0 $0 $0 $0

Amount Funded This Action

Total Amount Funded

Opt. Year 1 Base Fee

09/16/2020 ‐ 09/15/2021 Award Fee

Core Tasks (Opt. Year 1) TOTAL $0 $0 $0 $0

09/16/2020‐ 09/15/2021 Award Fee

Optional Task 11 (Opt. Year 1) TOTAL $0 $0 $0 $0

09/16/2020 ‐ 09/15/2021 Award Fee

Optional Task 12 (Opt. Year 1) TOTAL $0 $0 $0 $0

Opt. Year 1 Base Fee $0 $0 $0 $0

09/16/2020 ‐ 09/15/2021 Award Fee $0 $0 $0 $0

CORE + ALL OPT. TASKS (Opt. Year 1) TOTAL $0 $0 $0 $0

Amount Funded This Action

Total Amount Funded

Opt. Year 2 Base Fee

09/16/2021 ‐ 09/15/2022 Award Fee

Core Tasks (Opt. Year 2) TOTAL $0 $0 $0 $0

Optional Task 11 (Opt. Year 2) TOTAL $0 $0 $0 $0

Optional Task 12 (Opt. Year 2) TOTAL $0 $0 $0 $0

Opt. Year 2 Base Fee $0 $0 $0 $0

09/16/2021 ‐ 09/15/2022 Award Fee $0 $0 $0 $0

CORE + ALL OPT. TASKS (Opt. Year 2) TOTAL $0 $0 $0 $0

Amount Funded This Action

Total Amount Funded

Opt. Year 3 Base Fee

09/16/2022 ‐ 09/15/2023 Award Fee

Core Tasks (Opt. Year 3) TOTAL $0 $0 $0 $0

Optional Task 11 (Opt. Year 3) TOTAL $0 $0 $0 $0

Optional Task 12 (Opt. Year 3) TOTAL $0 $0 $0 $0

Opt. Year 3 Base Fee $0 $0 $0 $0

09/16/2022 ‐ 09/15/2023 Award Fee $0 $0 $0 $0

CORE + ALL OPT. TASKS (Opt. Year 3) TOTAL $0 $0 $0 $0

Amount Funded This Action

Total Amount Funded

Opt. Year 4 Base Fee

09/16/2023 ‐ 09/15/2024 Award Fee

Core Tasks (Opt. Year 4) TOTAL $0 $0 $0 $0

Optional Task 11 (Opt. Year 4) TOTAL $0 $0 $0 $0

Optional Task 12 (Opt. Year 4) TOTAL $0 $0 $0 $0

Opt. Year 4 Base Fee $0 $0 $0 $0

09/16/2023 ‐ 09/15/2024 Award Fee $0 $0 $0 $0

CORE + ALL OPT. TASKS (Opt. Year 4) TOTAL $0 $0 $0 $0

Amount Funded This Action

Total Amount Funded

Remainder to be Funded

Core Tasks + Estimated Cost $0 $0 $0 $0

All Optional Tasks Base Fee $0 $0 $0 $0

All Years Award Fee $0 $0 $0 $0

GRAND TOTAL (ALL YEARS) $0 $0 $0 $0

B.3. PROVISIONS APPLICABLE TO DIRECT COSTS

a. Notwithstanding the “Allowable Cost and Payment” clause 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:

1) Acquisition, by purchase or lease, of any interest in real property;

2) Special rearrangement or alteration of facilities;

3) Accountable Government property (defined as both real and personal property with an acquisition cost of $1,000 or more, with a life expectancy of more than two years) and "sensitive items" (defined and listed in the Contractor's Guide for Control of Government Property) regardless of acquisition value;

4) Purchase or lease of any personal computer, related item of hardware, or software, regardless of dollar value;

5) Travel to attend general professional meetings;

6) Foreign Travel ‐ See paragraph b.2) below;

7) Any costs incurred prior to the contract's effective date;

8) Rental of meeting space not otherwise expressly authorized by the contract;

9) Any formal subcontract arrangements above the simplified acquisition threshold ($250,000), any cost‐reimbursement subcontract regardless of cost, or not otherwise expressly provided for in the contract;

10) Consultant fees in excess of $500/day;

11) Cost of delivery of any vouchers under the contract using other than the USPS Standard mail service;

12) Airfare in excess of $1,000;

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 that exceed the total amount of $15,000 (this total includes labor for planning, logistics, consultant fees and any other costs associated to the meeting fully burdened) or any meeting considered an Advisory Committee meeting at any cost. – Notification in a letter or 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.

14) Any purchases of Gift Cards.

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.gsa.gov/federaltravelregulation), 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.

i. Cost of air travel by most direct route, using "air coach" or "air tourist" (less than first class) unless it is clearly unreasonable or impracticable (e.g., not available for reasons other than avoidable delay in making reservations, would require circuitous routing or entail additional expenses offsetting the savings on fare, or would not make necessary connections); or

ii. Cost of rail travel by most direct route, coach class or nearest equivalent; or

iii. Cost of travel by privately owned automobile. However, reimbursement for transportation by this means shall not exceed the cost of i. or ii. above, whichever is less.

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.

h) Local traveler shall not receive per diem costs.

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

B.4.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:

B.4.a.1 Subcontracts

To negotiate cost reimbursement type subcontracts with the below named businesses to provide contract support in the not to exceed amounts for the total contract period including options as described in the chart below. Prior to execution, all subcontracts must be submitted to the Contracting Officer for written approval.

A copy of each signed subcontract agreement shall be provided to the Contracting Officer.

To be Negotiated.

SECTION C ‐ DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. PERFORMANCE WORK STATEMENT

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 Performance Work Statement (PWS), SECTION J, ATTACHMENT 1a, and General Requirements, SECTION J, ATTACHMENT 1b, 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.

All required deliverables shall be marked "Contract No. TBD" and shall indicate the contract title. All deliverables shall be made to the SAMHSA COR identified in Section G.1.

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 Contracting Officer’s Representative (COR) is the authorized technical representative of the Contracting Officer.

c. Inspection and acceptance will be performed by the SAMHSA COR identified in Section G.1.

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(s) by reference, with the same force and effect as if it were given in full text. (See Section I, FAR 52.252‐2.) Upon request, the Contracting Officer will make its full text available.

FAR Clause No. Date Title

52.246‐5 Apr 1984 Inspection of Services—Cost‐Reimbursement.

SECTION F ‐ DELIVERIES OR PERFORMANCE

F.1. PERIOD OF PERFORMANCE

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

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 1c.

1) The items as described in Attachment 1c, DELIVERY SCHEDULE, shall be delivered in accordance with and by the date(s) specified.

Note: Unless noted otherwise, one (1) copy of each deliverable is required. Due Dates are calendar dates (not business days).

b. This delivery schedule shall be repeated for each of the 12‐month options, if the options are exercised. 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 Contracting Officer’s Representative, the contractor shall submit one (1) copy of the monthly, annual report and final reports electronically to the Contract Specialist at To be Inserted at Time of Award

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

Description Quantity Due Date

Property Report HHS Form 565, if necessary. Original to Property Officer;

Copy to CO

Each year on October 30th

Public Vouchers. Standard Form 1034 to be prepared in accordance with SAMHSA Billing Instructions (Attachment 4).

See Section G.3

Monthly, within 20 days after end of period reported.

Individual Subcontracting Report. This report shall be submitted semiannually.

Electronic April 30th October 30th

Summary Subcontracting Report. This report shall be submitted annually.

Electronic 30 days after the close of the Federal fiscal year (September 30)

F.3 This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. (See Section I, FAR 52.252‐2.) Upon request, the Contracting Officer will make its full text available.

FAR Clause No. Date Title

52.242‐15 Aug 1989 Stop‐Work Order, Alternate I (Apr 1984).

52.247‐34 Nov 1991 F.O.B. Destination.

SECTION G ‐ CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER’S REPRESENTATIVE

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

Contracting Officer’s Representative Alternate Contracting Officer’s Representative To Be Inserted To Be Inserted Center for To Be Inserted Center for To Be Inserted 5600 Fishers Lane, 5600 Fishers Lane, Rm. To Be Inserted Rm. To Be Inserted Rockville, MD 20857 Rockville, MD 20857 Phone: To Be Inserted Phone: To Be Inserted Fax: To Be Inserted Fax: To Be Inserted Email: To Be Inserted Email: To Be Inserted

The Contracting Officer’s Representative 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 its Contracting Officer’s Representative designation.

The Alternate Contracting Officer Representative's responsibilities include representing the Contracting Officer in technical phases of the contract only in the absence of the Contracting Officer Representative.

As used herein, technical monitoring is direction to the Contractor which fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to accomplish the contractual Statement of Work.

For guidance from the Contracting Officer Representative or Alternate Contracting Officer Representative to the Contractor to be valid, it must:

(1) Be consistent with the general scope of work set forth in the contract;

(2) Not constitute new assignment of work or change to the expressed terms, conditions, or specifications incorporated into this contract;

(3) Not constitute a basis for an extension to the period of performance or contract delivery schedule; and

(4) Not constitute a basis for any increase in the contract fee and/or cost.

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

To be Inserted at Time of Award To be Inserted at Time of Award

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 (Attachment 4) 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 electronic version of its invoice(s) to:

a. SAMHSA Invoice Mailbox at SAMHSAinvoices@samhsa.hhs.gov

b. Contract Specialist at Tracy.Davidson@samsha.hhs.gov

c. COR at TBD@samhsa.hhs.gov

d. PSC at PSC_invoices@psc.hhs.gov

The invoice submission shall include the completed Voucher Review Sheet in Attachment 3 and must state in the subject line the contract reference number TBD and the invoice number.

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

Department of Health and Human Services Program Support Center (PSC)/FMP/Accounting Services Bethesda Place 7700 Wisconsin Ave., suite 900 Bethesda, Maryland 20814

(301) 443‐3020 phone

(301) 443‐0562 fax Email: PSCInvoiceinquiries@psc.hhs.gov

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 at Time of Award

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:

To Be Inserted at Time of Award

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. INVOICE INSTRUCTIONS

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

(1) Contractor’s name and invoice date. All invoices shall include the signature of a person authorized to bind your organization.

(2) Contract Number, or other authorization for delivery of property and/or services.

(3) Description, cost or price, period of performance and quantity of property and/or services actually delivered or rendered.

(4) Shipping and Payment terms.

(5) Other Substantiating documentation or information as required by the contract.

(6) Name, title, phone number, and complete mailing address of responsible official to whom payment inquiries are to be sent.

(7) And to further specify the following line items:

‐ 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 email.

See also Section J, Attachment 4, Billing Instructions.

G.6. GOVERNMENT PROPERTY

a. If this 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://ncioa.cancer.gov/oa‐internet/reference/Appendix_Q_HHS_Contracting_Guide‐508.pdf for the latest Contractor’s Guide.

The Contract's Property Management Officer is:

TBD, Logistics Management Specialist Division of Operational Support, OMTO, SAMHSA 5600 Fishers Lane Rockville, Maryland 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. CORRESPONDENCE PROCEDURE

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

a. 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 COR, with an information copy of the basic correspondence to the Contracting Officer.

b. Other Correspondence. All other correspondence shall be addressed to the Contracting Officer, with information copies of the basic correspondence to the COR.

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

SUBJECT: Contract No. To Be Inserted at Time of Award Request for Approval of __________________________

SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

H.1. OPTIONS

a. Unless the Government exercises its options pursuant to the options clause for Option Years 1, 2, 3, and 4, as described in Section B, the contract consists only of one 12‐month base year of the Performance Work Statement, as defined in Sections C and F of this contract. Pursuant to clause FAR 52.217‐9 set forth in paragraph c. below, the Government may, by unilateral contract modification, require the Contractor to perform Years 2, 3, 4 and 5 of the Performance Work Statement, 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. FAR 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.

(End of clause)

c. FAR 52.217‐9, OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 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 (5) years.

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 (QASP) at Attachment 2. 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.a.

Award for Evaluation Unacceptable Reduces fee by $1,000 annually per unacceptable rating (can affect base fee).

Award for Evaluation Satisfactory 0%* Satisfactory Plus 40%*

Award for Evaluation Excellent 80%*

Award for Evaluation Superior 100%*

General Requirements, Attachment 1b

See Attachment 2, Quality Assurance Surveillance Plan, for the list of the performance objectives that will be evaluated under this task order. Each performance objective that is applicable (active) during the rating period will be allocated an equal portion (pool) of the total available award fee for the current year. The evaluation rating received for each performance objective will determine what % of the pool is actually earned by the Contractor.

Optional Tasks, if exercised, will not receive the equal portion as mentioned above, but will have its own available funding for each specific optional task.

Rollover of unearned award fee is prohibited. [FAR 16.401(e)(4)]

See Chart in Section B.2.a for Total Award Fee Available.

Task 1: Overall Contract Management and Administration

Task 1.1: Develop and Finalize Work Plan

Task 1.2: Contract Management Meetings

Task 1.3: Administrative Reports

Task 2, 2.1, 2.2 : Group and Workgroup Support/ Meeting Support

Task2, 2.2, 2.3 Group and Workgroup Support/Meeting Documents

Task 3, 3.1:DFWP ASR and Agency Archives Data System/Operate and Maintain

Task 3, 3.2:DFWP ASR and Agency Archives System/ASR/Archives Annual Data Reporting

Task 4: Certification and Maintenance of Federal Agency DFWP Plans/Agency Plans

Task 4: Certification and Maintenance of Federal Agency DFWP Plans/Reviewing and Producing Agency Plans

Task 5: Reports to Congress

Service/Product/Task

See amounts available annually at Section B.2.a.

Award for Evaluation Unacceptable Reduces fee by $1,000 annually per unacceptable rating (can affect base fee).

Award for Evaluation Satisfactory 0%* Satisfactory Plus 40%*

Award for Evaluation Excellent 80%*

Award for Evaluation Superior 100%*

Task 6: DFWP Tools – Updates

Task 7: Dissemination of Information to DFWP Stakeholders

Task 8: Consultation and Training

Task 9: Subject Matter Expert (SME) Activities/Special Projects

Task 10: Transition/transfer Activities – Contract Closeout

Optional Task 11: Supplemental SME Activities/Special Projects

Optional Task 12: Supplemental Meetings

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

The Contracting Officer, Contract Specialist, 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 the same group. 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 Plus Satisfactory

70 ‐ 79 61 ‐ 69

40% 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 60 or less Unacceptable Performance Reduces Fee by $1,000 per 12 month period per unacceptable task (this can affect base fee)

Each member of the Group will give the product a numerical rating and those ratings will be averaged.

An Average of 60 or less (Unacceptable) will result in a reduction in the base fee of $1,000 for that twelve month rating period. An average score between 61‐69 (Satisfactory) will result in Award of 0%, an average of 70‐79 (Satisfactory Plus) will result in Award of 40%, 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 Systems of Records applicable to this project are System Notice 09‐30‐0036 and System Notice 09‐30‐0049. These documents are incorporated into this contract as Attachments 5a and 5b 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 PUBLICATION CLEARANCE REQUIREMENTS

a. 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.

b. Writer/Editor Requirement:

Products being developed under this contract for potential dissemination by SAMHSA must be developed and/or reviewed by a writer/editor. 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.

c. Manuscript/Galley Requirement:

Products developed under this contract for potential dissemination by SAMHSA should (i) reflect consistent use of a consistent style manual (preferably GPO, 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.

H.5. IT SYSTEMS SECURITY REQUIREMENTS

All Governmental, proprietary and potentially sensitive data will be securely collected, processed, maintained, and in general safeguarded in compliance with the requirements of the Computer Security Act of 1987, Office of Management and Budget Circular A‐130, Appendix III (“Security of Federal Automated Information Systems”), and Part 6 of the DHHS IRM Manual (specifically, the most recent release of the Information Security Program Handbook). The contractor shall include this clause in any subcontract award pursuant to this prime contract. The information technology (IT) security plan should conform to the documentation standards of the National Institute of Standards and Technology (see NIST special publications SP800‐12, 800‐14, SP800‐19 at http://csrc.nist.gov/publications/nistpubs/index.html.

NOTE: An on‐line version of the Information Security Program Handbook is available at http://www.samhsa.gov/IT/Docs/PG_IT_Security_Handbook_12012005.pdf.

On‐line of the Office of Management and Budget’s Circular A‐130, Appendix III (“Security of Federal Automated Information Systems”) is available at http://www.whitehouse.gov/omb/circulars/a130/a130trans4.html.

Adequate security is essential. This means security commensurate with the risk and magnitude of the harm that could result from the loss, misuse, or unauthorized access to or modification of information.

This includes assuring that systems and applications operate effectively and provide appropriate confidentiality, integrity, and availability, through the use of cost effective management, personnel, operational, and technical controls.

Security procedures and practices must address but are not limited to:

Administrative procedures to guard data integrity, confidentiality, and availability – these are documented, formal practices to manage the selection and execution of security measures to protect data and the conduct of personnel in relation to the protection of data, and

Physical safeguards to guard data integrity, confidentiality, and availability – these relate to the protection of physical computer systems and related buildings and equipment from fire and other natural and environmental hazards, as well as from intrusion. Physical safeguards also cover the use of locks, keys, and administrative measures used to control access to computer systems and facilities, and

Technical security services to guard data integrity, confidentiality, and availability – these include the processes that are put in place to protect and to control and monitor information access, and

Technical security mechanisms – these include the processes that are put in place to prevent unauthorized access to data that are transmitted over a communications network.

For data protected under the Privacy Act transmitted over the Internet, the minimum technical safeguard is secure socket layer (SSL) 128‐bit certificates. Similarly, data protected under the Privacy Act residing in a workstation must be encrypted to avoid unauthorized access to the data in the event of theft or loss of the workstation. However, as security threats become more sophisticated, the security system to guard against those threats must evolve as well.

H.6. EPA ENERGY STAR REQUIREMENTS

In compliance with Executive Order 12845 (requiring Agencies to purchase energy efficient computer equipment) any microcomputers, including personal computers, monitors, and printers that are purchased using Government funds in performance of a contract shall be equipped with or meet the energy efficient low‐power standby feature as defined by the EPA Energy Star Computers Program unless the equipment always meets EPA Energy Star efficiency levels. Contractors shall include Energy Star as a specification when soliciting bids for computer equipment which requires Energy Star compliance.

This low‐power feature must already be activated when the computer equipment is delivered and be of equivalent functionality of similar power managed models. If the equipment will be used on a local area network, the vendor must provide equipment that is fully compatible with the network environment. In addition, the equipment will run commercial off‐the‐shelf software both before and after recovery from its energy conservation mode.

H.7. 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.8. 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.9. VIRUS PROTECTION

The Contractor shall utilize a comprehensive virus protection software package to screen all data, information, and software provided to the Government on 3 ½" and CD‐ROM media and any electronic format using media such as USB flash drives. The screen shall include the identification and removal of all viruses, worms, and other forms of data information, and software infestation. The Contractor shall also utilize the virus protection software to screen all data information, and software obtained from the Government and other sources for processing on the Contractor's network(s) and personal computer(s).

The Contractor shall immediately notify the Government COR of any virus, worm, or other form of data information, and software infestation found on Government provided electronic media. The Contractor shall recommend to the Government the specific virus protection software the Contractor intends to use.

H.10. 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…