RFP 277-24-0621 Amendment_1 TSDFW.pdf
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- Technical Support for Drug Free Workplace Federal contract opportunity
- Solicitation number
- 277-24-0621
About this file
This document is an amendment to a Request for Proposals (RFP) for a federal contract opportunity. The purpose of the contract is to provide technical assistance and support for the federal Drug-Free Workplace Program (DFWP), which is administered by the Substance Abuse and Mental Health Services Administration (SAMHSA).
The amendment extends the due dates for questions and proposal submissions for RFP 277-24-0621. The new due date for questions is April 22, 2024, and the new due date for proposals is May 14, 2024. The contract will provide technical support to SAMHSA's Center for Substance Abuse Prevention, Division of Workplace Programs in managing the DFWP, monitoring federal agency compliance, and satisfying regulatory requirements. The contract will be a cost-reimbursement plus award fee type, with a base year and up to four option years. Pricing details and the award fee structure are provided in the document.
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Text version
OMB No. 0990-0115
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES Cover 1
2. AMENDMENT/MODIFICATION NO. 3. EFFCTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (if applicable) Amendment 0001 See Block 16C
6. ISSUED BY
CODE
7. ADMINISTERED BY (if other than item 6) CODE Substance Abuse and Mental Health Services
Administration Division of Contracts Management, OFR 5600 Fishers Lane Rockville, Maryland 20857
Same as Item 6
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (/) 9A. AMENDMENT OF SOLICITATION NO.
TO ALL PROSPECTIVE Offerors RFP Titled: Technical Support for Drug Free Workplace
X 277-24-0621
9B. DATED (SEE ITEM 11)
4/4/2024
10A. MODIFICATION OF
CONTRACT/ORDER NO
10B. DATE (SEE ITEM 13)
CODE FACILITY CODE
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers X is extended is not extended.
Offers must acknowedge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) by completing items 8 and 15, and retuming __1___ copies of the amendment, (b) by acknowledging receipt of this amendment on each copy of the offer submitted; or (c) by separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation, date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B) .
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return _____ copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section heading, including solicitation/contract subject matter where feasible.)
The purpose of Amendment 1 is to provide due date extensions for both the questions and proposal due date for the RFP 277- 24-0621 (See Attachment 1 and Sealed Proposal Cover Page).
The Due Date for Questions is extended to April 22, 2024 and the Due Date for Proposals is extended to May 14, 2024.
Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remain unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Ryan Pregot Contracting Officer
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED by (Signature of person authorized to sign) (Signature of Contracting Officer)
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA
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.
277-24-0621
4. TYPE OF SOLICITATION
_ SEALED BID (IFB )
X NEGOTIATED (RFP)
5. DATE ISSUED
03/29/2024
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 nnoiviiiiiiiiiiAT 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 May 14, 2024 .
(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 32-47
X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-9 PART III LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
X C DESCRIPTIONS/SPECS./WORK STATEMENTS 10 X J LIST OF ATTACHMENTS 48
X D PACKAGING, MARKING, AND SHIPPING 11 PART IV - REPRESENTATIONS AND CERTIFICATIONS
X E INSPECTION AND ACCEPTANCE 12 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
49-58
X F DELIVERIES OR PERFORMANCE 13-14
X G CONTRACT ADMINISTRATION DATA 15-20 X L INSTR., CONDS, AND NOTICES TO OFFERORS 59-70
X H SPECIAL CONTRACT REQUIREMENTS 21-31 X M EVALUATION FACTORS FOR AWARD 71-79
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. 277-24-0621
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
Project Title: Drug Free Workplace Program
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
B.2.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 (06/28/24 – 06/27/25) $0 $0 $0 $0
Core Tasks (Option Year 1) $0
All Optional Tasks (Option Year 1) $0
TOTAL OPTION YEAR 1 (6/28/25 – 06/27/26) $0 $0 $0 $0
Core Tasks (Option Year 2) $0
All Optional Tasks (Option Year 2) $0
TOTAL OPTION YEAR 2 (06/28/26 – 06/27/27) $0 $0 $0 $0
Core Tasks (Option Year 3)
All Optional Tasks (Option Year 3)
TOTAL OPTION YEAR 3 (06/28/27 - 06/27/28) $0 $0 $0 $0
Core Tasks (Option Year 4) $0
All Optional Tasks (Option Year 4) $0
TOTAL OPTION YEAR 4 (06/28/28 – 06/27/29) $0 $0 $0 $0
TOTAL ALL YEARS $0 $0 $0 $0
B.2.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.
B.2.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.
B.2.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.
B.2.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
B.2.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.
B.2.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.
B.2.h. Methodology for Award Fee Evaluation/Determination The Contractor's performance hereunder will be observed and evaluated continuously by the Government. The Contractor is required to submit a self-evaluation assessment report at the end of each evaluation period which will address the performance standard and Acceptable Quality Level. At the end of each evaluation period, the Contracting Officer will review performance based on the standards and criteria established in the Quality Assurance Surveillance Plan, dated February 1, 2024, listed in SECTION J - LIST OF ATTACHMENTS, attached hereto and made a part of this contract.
The findings of the evaluation will determine the amount of the available award fee (specified in subparagraph B.2.c. above) earned by the Contractor for the identified evaluation period. In no event, however, will any unearned award fee become available in subsequent evaluation periods.
The Contracting Officer will notify the Contractor, in writing, of the available award fee actually earned for a given evaluation period. Upon receipt of this notification, the Contractor shall submit a public voucher for payment of the total award fee earned.
The evaluation/determination of award fee shall be binding on both parties and not subject to the Disputes clause included in Section I of the contract.
B.2.i. 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 06/28/2024 - 06/27/2025 Award Fee
Core Tasks (Base Year) TOTAL $0 $0 $0 $0
Optional Task 11 Estimated Cost Base Year Base Fee 06/28/2024 - 06/27/2025 Award Fee
Optional Task 6 (Base Year) TOTAL $0 $0 $0 $0
Optional Task 12 Estimated Cost Base Year Base Fee 06/28/2024 - 06/27/2025 Award Fee
Optional Task 7 (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 06/28/2024 - 06/27/2025 Award Fee $0 $0 $0 $0
CORE + ALL OPT. TASKS (Base Year) TOTAL $0 $0 $0 $0
Period Element Negotiated Amount
Amount Funded This Action
Total Amount Funded
Remainder to be Funded
Core Tasks Estimated Cost Opt. Year 1 Base Fee 06/28/2025 - 06/27/2026 Award Fee
Core Tasks (Opt. Year 1) TOTAL $0 $0 $0 $0
Optional Task 11 Estimated Cost
Optional Task 6 (Opt. Year 1) TOTAL $0 $0 $0 $0
Optional Task 12 Estimated Cost
Optional Task 7 (Opt. Year 1) TOTAL $0 $0 $0 $0
Core + All Opt. Tasks Estimated Cost $0 $0 $0 $0 Opt. Year 1 Base Fee $0 $0 $0 $0 06/28/2025 - 06/27/2026 Award Fee $0 $0 $0 $0
CORE + ALL OPT. TASKS (Opt. Year 1) TOTAL $0 $0 $0 $0
Period Element Negotiated Amount
Amount Funded This Action
Total Amount Funded
Remainder to be Funded
Core Tasks Estimated Cost Opt. Year 2 Base Fee 06/28/2026 - 06/27/2027 Award Fee
Core Tasks (Opt. Year 2) TOTAL $0 $0 $0 $0
Optional Task 11 Estimated Cost
Optional Task 6 (Opt. Year 2) TOTAL $0 $0 $0 $0
Optional Task 12 Estimated Cost
Optional Task 7 (Opt. Year 2) TOTAL $0 $0 $0 $0
Core + All Opt. Tasks Estimated Cost $0 $0 $0 $0 Opt. Year 2 Base Fee $0 $0 $0 $0 06/28/2026 - 06/27/2027 Award Fee $0 $0 $0 $0
Period Element Negotiated Amount
Amount Funded This Action
Total Amount Funded
Remainder to be Funded
CORE + ALL OPT. TASKS (Opt. Year 2) TOTAL $0 $0 $0 $0
Period Element Negotiated Amount
Amount Funded This Action
Total Amount Funded
Remainder to be Funded
Core Tasks Estimated Cost Opt. Year 3 Base Fee 06/28/2027 - 06/27/2028 Award Fee
Core Tasks (Opt. Year 3) TOTAL $0 $0 $0 $0
Optional Task 11 Estimated Cost Opt. Year 3 Base Fee 06/03/2027 - 06/02/2028 Award Fee
Optional Task 11 (Opt. Year 3) TOTAL $0 $0 $0 $0
Optional Task 12 Estimated Cost Opt. Year 3 Base Fee 06/03/2027 - 06/02/2028 Award Fee
Optional Task 12 (Opt. Year 3) TOTAL $0 $0 $0 $0
Core + All Opt. Tasks Estimated Cost $0 $0 $0 $0 Opt. Year 3 Base Fee $0 $0 $0 $0 06/03/2027 - 06/02/2028 Award Fee $0 $0 $0 $0
CORE + ALL OPT. TASKS (Opt. Year 3) TOTAL $0 $0 $0 $0
Period Element Negotiated Amount
Amount Funded This Action
Total Amount Funded
Remainder to be Funded
Core Tasks Estimated Cost Opt. Year 4 Base Fee 06/03/2028 - 06/02/2029 Award Fee
Core Tasks (Opt. Year 4) TOTAL $0 $0 $0 $0
Optional Task 11 Estimated Cost Opt. Year 4 Base Fee 06/03/2028 - 06/02/2029 Award Fee
Optional Task 11 (Opt. Year 4) TOTAL $0 $0 $0 $0
Optional Task 12 Estimated Cost Opt. Year 4 Base Fee 06/03/2028 - 06/02/2029 Award Fee
Optional Task 12 (Opt. Year 4) TOTAL $0 $0 $0 $0
Period Element Negotiated Amount
Amount Funded This Action
Total Amount Funded
Remainder to be Funded
Core + All Opt. Tasks Estimated Cost $0 $0 $0 $0 Opt. Year 4 Base Fee $0 $0 $0 $0 06/03/2028 - 06/02/2029 Award Fee $0 $0 $0 $0
CORE + ALL OPT. TASKS (Opt. Year 4) TOTAL $0 $0 $0 $0
B.3. PROVISIONS APPLICABLE TO DIRECT COSTS
B.3.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 $600/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.3.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 http://www.gsa.gov/federaltravelregulation
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
E.1.a. The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.
E.1.b. For the purpose of this SECTION, the Contracting Officer’s Representative (COR) is the authorized technical representative of the Contracting Officer.
E.1.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.
E.1.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.
If the Government exercises its option(s) pursuant to the OPTION PROVISION in Section H of this contract, the period of performance will be increased as listed below:
Option Option Period Option One (1)
To be Inserted at Time of Award.
Option Two (2)
Option Three (3)
Option Four (4)
F.2. DELIVERIES
F.2.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, SCHEDULE OF DELIVERABLES, 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).
F.2.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.
F.2.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
F.2.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 3).
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. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/?q=browsefar .
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSE:
52.242-15 Aug 1989 Stop-Work Order, Alternate I (Apr 1984).
Alternate I (April 1984) is applicable to this contract.
52.247-34 Nov 1991 F.O.B. Destination.
https://www.acquisition.gov/?q=browsefar
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 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 performance work statement 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 performance work statement; (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 Performance Work Statement.
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 HHSAR 352.237-75 (December 2015)
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract (including, when applicable, Human Subjects Testing requirements). If the employee of the contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.
(End of Clause)
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
G.3. INVOICE SUBMISSION
G.3.a. The contractor shall submit invoices as follows:
1) All invoice submissions for goods and or services delivered to facilitate payments must be made electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
2) Invoice Submission for Payment means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
3)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.
G.3.b. 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 https://www.ipp.gov/
Bethesda Place 7700 Wisconsin Ave., suite 900 Bethesda, Maryland 20814
(301) 492-5233 phone
(301) 443-0562 fax Email: PSCInvoiceinquiries@psc.hhs.gov
G.4 INDIRECT COST RATES
G.4.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
G.4.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
G.4.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) Include the Unique Entity Identifier (UEI) number.
(4) Description, cost or price, period of performance and quantity of property and/or services actually delivered or rendered.
(5) Shipping and Payment terms.
(6) Other Substantiating documentation or information as required by the contract.
(7) Name, title, phone number, and complete mailing address of responsible official to whom payment inquiries are to be sent.
(8) 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
G.6.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
G.6.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:
G.7.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.
http://ncioa.cancer.gov/oa-internet/reference/Appendix_Q_HHS_Contracting_Guide-508.pdf
G.7.b. Other Correspondence. All other correspondence shall be addressed to the Contracting Officer, with information copies of the basic correspondence to the COR.
G.7.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 __________________________
G.8. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (March 2023)
(a) (1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.
(c) Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
(End of clause)
G.9. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE
a. Contractor Performance Evaluations
Interim and Final evaluations of Contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Final performance evaluation will be prepared at the time of completion of work. In addition to the Final evaluation, Interim evaluation(s) will be prepared Annually as follows on TBD [Insert Dates].
Interim and Final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final.
Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.
b. Electronic Access to Contractor Performance Evaluations
Contractors may access evaluations through a secure Web site for review and comment at the following address:
http://www.cpars.gov http://www.cpars.gov/
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1. OPTIONS
H.1.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 [plus fixe fee] of the contract will be increased as set forth in Section B.
H.1.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.
H.1.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
H.2.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).
H.2.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):
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
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 4: Certification and Maintenance of Federal Agency DFWP Plans/Reviewing and Producing Agency Plans Task 5: Reports to Congress 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%
Definition of Rating Adjective Rating Numerical Rating
Fee %
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…
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