280-22-0571_RFP.docx

OMB No. 0990-0115

PAGES

2. CONTRACT NO.

3. SOLICITATION NO.

280-22-0571

4. TYPE OF SOLICITATION

_ SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

09/22/2021

6. REQUISITION/PURCHASE NO.

SAME AS ITEM 7

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

DIVISION OF CONTRACTS MANAGEMENT, OFR

5600 FISHERS LANE, ROOM 17E77C

ROCKVILLE, MD 20857

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, E.T. Local time 10/20/2021 .

(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:

KHALED GOHAR, CONTRACT SPECIALIST

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

240-276-1514

11. TABLE OF CONTENTS

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;)

15A. NAME AND ADDRESS OF OFFEROR

(TYPE OR PRINT)

AWARD (TO BE COMPLETED BY GOVERNMENT)

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

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

24. ADMINISTERED BY ( IF OTHER THAN ITEM 7)

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

RFP No. 280-22-0571

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

Project Title: “Behavioral Health Case Management & Behavioral Health Services for Separated Families”

The purpose of this contract is to provide effective, evidence-based, coordinated parenting support, psychoeducation, and behavioral health services to members of the Ms. L and Ms. JP class action lawsuits. The contract shall continue the services provided by the previous contract 75P00120C00015 – Notification. Mental Health Assessments and Treatment to Members of the Released Subclass in Ms. JP, et al., v. BARR, et al., No. 18-cv-06081-JAK (C.D.Cal.) and expand the provision of behavioral health case management and behavioral health services for the parents, legal guardians, and their children who were separated under the Zero-Tolerance Policy (ZTP), as are designated by the Government. This contract shall continue the implementation of the Ms. JP preliminary injunction order, to support the Task Force’s reunification efforts under E.O. 14011 and to implement the upcoming settlement agreement to provide reunified families with mental health and related services.

B.2. TIME AND MATERIALS

All work shall be performed in accordance with the Performance Work Statement (PWS). No hours shall be billed for labor categories or labor rates not included as part of this contract as detailed below. Any subcontractor rates proposed shall not exceed the rates listed per labor category in this section for the prime contractor.

Base Year Labor Costs

Hourly Rate

TOTAL

Total Labor Costs

Base Year Material Costs

Base Year Total Costs

TOTAL NOT TO EXCEED CEILING PRICE BASE PERIOD (Labor and Materials) $TBD. Exceeding the ceiling price is at the contractor’s own risk.

B.3. OPTION PRICES

Option Year 1 Labor Costs

Hourly Rate

TOTAL

Total Labor Costs

Option Year 1 Material Costs

Option Year 1 Total Costs

TOTAL NOT TO EXCEED CEILING PRICE OPTION PERIOD 1 (Labor and Materials) $TBD. Exceeding the ceiling price is at the contractor’s own risk.

Option Year 2 Labor Costs

Hourly Rate

TOTAL

Total Labor Costs

Option Year 2 Material Costs

Option Year 2 Total Costs

TOTAL NOT TO EXCEED CEILING PRICE OPTION PERIOD 2 (Labor and Materials) $TBD. Exceeding the ceiling price is at the contractor’s own risk.

Option Year 3 Labor Costs

Hourly Rate

TOTAL

Total Labor Costs

Option Year 3 Material Costs

Option Year 3 Total Costs

TOTAL NOT TO EXCEED CEILING PRICE OPTION PERIOD 3(Labor and Materials) $TBD. Exceeding the ceiling price is at the contractor’s own risk.

Option Year 4 Labor Costs

Hourly Rate

TOTAL

Total Labor Costs

Option Year 4 Material Costs

Option Year 4 Total Costs

TOTAL NOT TO EXCEED CEILING PRICE OPTION PERIOD 4 (Labor and Materials) $TBD. Exceeding the ceiling price is at the contractor’s own risk.

B.4. TOTAL CONTRACT VALUE, IF ALL OPTIONS ARE EXERCISED

GRAND TOTAL COSTS

If the Government exercises its options pursuant to Section H.1 of this contract, the total contract value for completion of this contract is $To Be Inserted at Time of Award.

B.4.a. SUMMARY OF COSTS

Period

Total

Base Year Period of Performance Dates TBD

$TBD

Option Year 1 Period of Performance Dates TBD

$TBD

Option Year 2 Period of Performance Dates TBD

$TBD

Option Year 3 Period of Performance Dates TBD

$TBD

Option Year 4 Period of Performance Dates TBD

$TBD

B.5. PROVISIONS APPLICABLE TO DIRECT COSTS

B.5.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.5.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.6. ADVANCE UNDERSTANDINGS

B.6.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.6.a.1 Subcontracts

Subcontract agreement(s) require prior written approval of the Contracting Officer before incurrence of the cost and will be included in this Article if the Contracting Officer has granted his/her approval prior to contract award.

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.

Alternate I (April 1984) [is not] applicable to this contract.

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 Year One (1)

To be Inserted at Time of Award.

Option Year Two (2)

To be Inserted at Time of Award.

Option Year Three (3)

To be Inserted at Time of Award.

Option Year Four (4)

To be Inserted at Time of Award.

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:

Copy to CO Each year on October 30th

Monthly, within 20 days after end of period reported.

October 30th

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:

Alternate I (April 1984) [is] applicable to this contract.

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:

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:

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 (30) 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:

G.3. INVOICE SUBMISSION

Invoice/Financing Request Instructions for SAMHSA Cost-Reimbursement Type Contracts (instructions also apply to T&M 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.a. The Contractor agrees to provide a Contact Name, Phone Number, and DUNS Number on every invoice

G.3.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 Khaled.Gohar@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.

G.3.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. 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.5. GOVERNMENT PROPERTY

G.5.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.5.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.6. 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.6.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.

G.6.b. Other Correspondence. All other correspondence shall be addressed to the Contracting Officer, with information copies of the basic correspondence to the COR.

G.6.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.7. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS, FAR 52.232-40 (December 2013)

1. 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.

1. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.

1. 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.8. 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 .

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

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 through 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 through 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 total cost 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 30 days of end of period of performance.

(End of clause)

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 prior to contract expiration, provided that the Government gives 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.

(End of clause)

H.2. PRIVACY ACT HHSAR 352.224-70 (December 2015)

This contract requires the Contractor to perform one or more of the following: (a) Design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.

The term "system of records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in CFR 45 part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records [5 U.S.C. 552a(m)(1)]. The contract work statement:

(a) identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) specifies the disposition to be made of such records upon completion of contract performance.

(End of clause)

The Privacy Act System of Records applicable to this project is System Notice 09-30-0036. This document is incorporated into this contract as Attachment 5 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.3 PUBLICATION CLEARANCE REQUIREMENTS

H.3.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.

H.3.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.

H.3.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.4. IT SYSTEMS SECURITY REQUIREMENTS

Information technology requirements are applicable to this project and are incorporated into this contract as Attachment 1b, General Requirements in Section J.

H.5. 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.6. 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.7. SOFTWARE IMPLEMENTATION

Software packages proposed for use by the Contractor that are not otherwise specified in the Performance Work Statement, 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.8. FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

(a) Definitions. As used in this clause— Covered article means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

H.9. OWNERSHIP OF MATERIALS AND DISPOSITION OF DATA

H.9.a. All information and materials including data developed under this contract are the property of the government and shall be delivered as part of the deliverables under the contract. No information developed under this contract shall be released by the contractor without the written permission of the government.

H.9.b. Where automated data bases are developed, maintained or regularly updated by the contractor, the Government maintains ownership of all software, manuals, data, data processing, user documentation and any other materials developed by the contractor to manage it. Any software developed to manage or enhance these data must be fully documented and the documentation provided to the Government. Any required transfer of the data will be affected in such a way that the data base will be immediately available without interruption.

H.10. LATE PAYMENTS TO THE GOVERNMENT

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

a. the basis of the indebtedness;

b. the amount due;

c. the fact that interest that will be applied if payment is not received within 30 days from the date of mailing of the notice, and;

d. the approximate interest rate that will be charged.

H.11. OMB CLEARANCE

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

H.12. STANDARDS OF CONDUCT

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

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

H.13. SUBCONTRACTING PLAN PROVISIONS

H.13.a. Small Business Subcontracting Plan

1) The Small Business Subcontracting Plan, dated To Be Inserted At Time of Award is attached hereto and made a part of this contract.

2) The failure of any contractor or subcontractor to comply in good faith with the Clause entitled “Utilization of Small Business Concerns,” incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such Contract or Subcontract.

H.13.b. Subcontracting Reports: See Section F.2.d. of this contract.

H.14. FAR 52.219-14, LIMITATIONS ON SUBCONTRACTING (SEP 2021).

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to— (1)Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2)Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3)Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4)Orders expected to exceed the simplified acquisition threshold and that are— (i)Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii)Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5)Orders, regardless of dollar value, that are— (i)Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii)Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and (6)Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern…