RFP 280-21-0561_Native Connections_02.22.2021_updated eval section.pdf

RFP No. 280-21-0561

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

Project Title: Training and Technical Assistance to Native Connections Grantees

SBA Requirement Number: 0353/21/2177

The purpose of this contract is to provide training and technical assistance (TTA) to Native Connections (NC) grantees. Native Connections is a five-year grant program that helps American Indian and Alaska Native communities identify and address the behavioral health needs of Native youth. Specifically, the program supports grantees in:

Reducing suicidal behavior and substance use and misuse among Native youth up to age 24 Easing the impacts of substance use, mental illness, and trauma in tribal communities Supporting youth as they transition into adulthood

The Native Connections grantees are jointly overseen by the Center for Mental Health Services (CMHS) and the Center for Substance Abuse Prevention (CSAP) within the Substance Abuse and Mental Health Services Administration (SAMHSA). SAMHSA is the agency within the U.S. Department of Health and Human Services that leads public health efforts to advance the behavioral health of the nation.

SAMHSA's mission is to reduce the impact of substance misuse and mental illness on America's communities. SAMHSA’s Native Connections grant program aims to reduce suicidal behavior and substance use and misuse and promote mental health among Native youth up to and including age 24.

This requirement will provide technical assistance and training to grantees of the Native Connections program and assist in wide scale dissemination of best practices and lessons learned. The technical assistance and training will focus on evidence informed practices and promotion of mental, emotional, and behavioral health.

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 (09/07/2021 – 09/06/2022) $0 $0 $0 $0

Core Tasks (Option Year 1) $0

All Optional Tasks (Option Year 1) $0

TOTAL OPTION YEAR 1 (09/07/2022 – 09/06/2023) $0 $0 $0 $0

Core Tasks (Option Year 2) $0

All Optional Tasks (Option Year 2) $0

TOTAL OPTION YEAR 2 (09/07/2023 – 09/06/2024) $0 $0 $0 $0

Core Tasks (Option Year 3) $0

All Optional Tasks (Option Year 3) $0

TOTAL OPTION YEAR 2 (09/07/2024 – 09/06/2025) $0 $0 $0 $0

Core Tasks (Option Year 4) $0

All Optional Tasks (Option Year 4) $0

TOTAL OPTION YEAR 2 (09/07/2025 – 09/06/2026) $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 11/23/2020, 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

09/07/2021 - 09/06/2022 Award Fee

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

Optional Task 6 Estimated Cost

Optional Task 6 (Base Year) TOTAL $0 $0 $0 $0

Optional Task 7 Estimated Cost

Optional Task 7 (Base Year) TOTAL $0 $0 $0 $0

Optional Task 8 Estimated Cost

Optional Task 8 (Base Year) TOTAL $0 $0 $0 $0

Optional Task 9 Estimated Cost

Optional Task 9 (Base Year) TOTAL $0 $0 $0 $0

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

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

09/07/2021 - 09/06/2022 Award Fee $0 $0 $0 $0

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

Amount Amount Funded

This Action Total Amount

Funded

Option Year 1 Base Fee

09/07/2022 - 09/06/2023 Award Fee

Core Tasks (Option Year 1) TOTAL $0 $0 $0 $0

Optional Task 6 (Option Year 1) TOTAL $0 $0 $0 $0

Optional Task 7 (Option Year 1) TOTAL $0 $0 $0 $0

Optional Task 8 (Option Year 1) TOTAL $0 $0 $0 $0

Optional Task 9 (Option Year 1) TOTAL $0 $0 $0 $0

Option Year 1 Base Fee $0 $0 $0 $0

09/07/2022 - 09/06/2023 Award Fee $0 $0 $0 $0

CORE + ALL OPT. TASKS (Option Year 1)

TOTAL

$0 $0 $0 $0

Amount Amount Funded

This Action Total Amount

Funded

Option Year 2 Base Fee

09/07/2023 - 09/06/2024 Award Fee

Core Tasks (Option Year 2) TOTAL $0 $0 $0 $0

Optional Task 6 (Option Year 2) TOTAL $0 $0 $0 $0

Optional Task 7 (Option Year 2) TOTAL $0 $0 $0 $0

Optional Task 8 (Option Year 2) TOTAL $0 $0 $0 $0

Negotiated

Amount Amount Funded

This Action Total Amount

Funded Remainder to be Funded

Option Year 2 Base Fee

Optional Task 9 (Option Year 2) TOTAL $0 $0 $0 $0

Option Year 2 Base Fee $0 $0 $0 $0

09/07/2023 - 09/06/2024 Award Fee $0 $0 $0 $0

CORE + ALL OPT. TASKS (Option Year 2)

Amount Amount Funded

This Action Total Amount

Funded

Option Year 3 Base Fee

09/07/2024 - 09/06/2025 Award Fee

Core Tasks (Option Year 3) TOTAL $0 $0 $0 $0

Optional Task 6 (Option Year 3) TOTAL $0 $0 $0 $0

Optional Task 7 (Option Year 3) TOTAL $0 $0 $0 $0

Optional Task 8 (Option Year 3) TOTAL $0 $0 $0 $0

Optional Task 9 (Option Year 3) TOTAL $0 $0 $0 $0

Option Year 3 Base Fee $0 $0 $0 $0

09/07/2024 - 09/06/2025 Award Fee $0 $0 $0 $0

CORE + ALL OPT. TASKS (Option Year 3)

Amount Amount Funded

This Action Total Amount

Funded Remainder to be

Funded

Option Year 4 Base Fee

09/07/2025 - 09/06/2026 Award Fee

Core Tasks (Option Year 4) TOTAL $0 $0 $0 $0

Optional Task 6 (Option Year 4) TOTAL $0 $0 $0 $0

Optional Task 7 (Option Year 4) TOTAL $0 $0 $0 $0

Optional Task 8 (Option Year 4) TOTAL $0 $0 $0 $0

Optional Task 9 (Option Year 4) TOTAL $0 $0 $0 $0

Option Year 4 Base Fee $0 $0 $0 $0

09/07/2025 - 09/06/2026 Award Fee $0 $0 $0 $0

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

Period Element Negotiated Amount

Amount Funded This Action

Total Amount Funded

Remainder to be Funded

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

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

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

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

B.3. PROVISIONS APPLICABLE TO DIRECT COSTS

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 $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.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 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.

http://www.gsa.gov/federaltravelregulation

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 4).

See Section G.3

Monthly, within 20 days after end of period reported.

Individual Subcontracting Report. This report shall be submitted semiannually.

Electronic April 30th October 30th

Summary Subcontracting Report. This report shall be submitted annually.

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

F.3 This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. (See Section I, FAR 52.252-2.) Upon request, the Contracting Officer will make its full text available. 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/is not] 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

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.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 TBD@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 mailto:SAMHSAinvoices@samhsa.hhs.gov mailto:TBD@samsha.hhs.gov mailto:TBD@samhsa.hhs.gov mailto:PSC_invoices@psc.hhs.gov

7700 Wisconsin Ave., suite 900 Bethesda, Maryland 20814

(301) 443-3020 phone

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

G.4 INDIRECT COST RATES

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

(4) Shipping and Payment terms.

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

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

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

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

- Fringe Benefits (Cite rate)

- Supplies

- Travel (Provide detail) specify transportation costs, per diem & misc.

- Reimbursement of travel costs shall, at a minimum, include the following, as they apply:

Individual traveling, location traveled from, location traveled to, departure time, dates of travel, mode and cost of transportation, daily per diem rate, number of days of per diem, hotel rate (indicate whether rate is inclusive or tax or list tax separately), number of nights at hotel, rental car rate, POV mileage rate and number of miles, honorarium rate and number of days receiving honorarium.

- Other Direct Costs

- Consultants (identify & cite authorization) specify rate and amount

- Subcontract Costs (identify and provide detail)

- Indirect Costs by Category (Cite rate)

- Fee (if any)

- TOTAL COSTS

Invoices should also show the estimated totals for each line item as well as the cumulative amounts billed for each line item. Invoices shall be delivered via email.

See also Section J, Attachment 4, Billing Instructions.

G.6. GOVERNMENT PROPERTY

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.

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.

http://ncioa.cancer.gov/oa-internet/reference/Appendix_Q_HHS_Contracting_Guide-508.pdf

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 (December 2013)

a. 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.

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 Year 1 through Option Year 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 Option Years 1 through 4 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.

(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 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):

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%*

Overall Task Order Management, including cost and time

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.

Customer Satisfaction

Task 1: Plan of Performance

Task 2: Deliver Training and Technical Assistance

Task 3: Resource Development and Dissemination and Information Management

Task 4: Reporting

Task 5: Transition Plan and Turnover at the End of Contract

Optional Task 6: Support for the Annual Native Connections Grantee Symposium

Optional Task 7: On-Site Technical Assistance

Optional Task 8: Data Collection and Analysis

Optional Task 9: Providing TTA to a Native Connections Grantee

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

The Contracting Officer, Contract Specialist, and the COR shall together determine whether a product/service is delivered on time and within budget. If it is deemed to be on time and within budget, it will be evaluated for quality by the same group. Each member of the Group will evaluate the quality of the task using a numerical rating scale from 0 to 100.

The scale will be defined as follows:

Definition of Rating Adjective Rating Numerical Rating

Fee %

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

Superior 90 – 100 100%

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

Excellent 80 - 89

80%

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

Satisfactory Plus Satisfactory

70 - 79 61 – 69

40% 0%

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

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

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

An Average of 60 or less (Unacceptable) will result in a reduction in the base fee of $1,000 for that twelve month rating period. An average score between 61-69 (Satisfactory) will result in Award of 0%, an average of 70-79 (Satisfactory Plus) will result in Award of 40%, an average of 80-89 (Excellent) will result in Award of 80%, and an average of 90 through 100 (Superior) will result in Award of 100%.

The Contractor's performance hereunder will be observed and evaluated continuously by the Government. 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 11/23/2020, 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.) 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 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.

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.

H.3. 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.

The Privacy Act System of Records applicable to this project is System Notice 09-30-0049. 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.4 PUBLICATION CLEARANCE REQUIREMENTS

H.4.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.4.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.4.c. Manuscript/Galley Requirement:

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

H.5. IT SYSTEMS SECURITY REQUIREMENTS

Information technology requirements are applicable to this project and are incorporated into this contract as Attachment 1b, INFORMATION TECHNOLOGY (IT) CONTRACT REQUIREMENTS in Section J.

H.6. EPA ENERGY STAR REQUIREMENTS

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

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

H.7. PURCHASE OF INFORMATION RESOURCE TECHNOLOGY

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

H.8. SOFTWARE IMPLEMENTATION

Software packages proposed for use by the Contractor that are not otherwise specified in the 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.9. FAR 2.204-23 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…