Attachment E Solicitation Provisions updated.pdf
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- 36C10G22R0004
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SECTION E - SOLICITATION PROVISIONS
E.1 NOTICE OF HYBRID CONTRACT
This is a Firm-Fixed-Price, Labor-Hour type contract.
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2021)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—
(1) Is set aside for small business and has a value above the simplified acquisition threshold;
(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—
GSA Federal Supply Service Specifications Section
Suite 8100 470 East L'Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/);
(ii) Quick Search (http://quicksearch.dla.mil/);
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address.
The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ https://assist.dla.mil/wizard/index.cfm accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) [Reserved]
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of Provision)
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS
Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:
All proposal intentions, questions, and final proposal submission shall be submitted to both the Contracting Officer and the Contract Specialist via email to Sharon.Redman@va.gov and Kristal.Hall@va.gov, respectively, no later than the dates and times below and as specified on the SF 1449, Block 20 and Block 8.
• Questions regarding the solicitation shall be submitted no later than 2:00 PM (EDT) on March 18, 2022.
• Proposals shall be submitted electronically to the Contracting Officer and the Contract Specialist identified above no later than 11:59 PM (EST) on April 11, 2022 unless this date is changed via a formal Amendment.
https://www.sam.gov/SAM/ https://www.sam.gov/SAM/
Offerors are advised to not wait until just before proposals are due to submit proposals. Proposals received after the due date/time will be late and may not be considered/accepted for evaluation. To avoid submission of late proposals, the Government recommends transmitting proposal file 24 hours prior to the required proposal due date and time. Be advised that timeliness is determined by the date and time a proposal is received by the Government, not when a contractor attempted transmission. Offerors are encouraged to review and ensure that sufficient bandwidth is available on their end of the transmission. Finally, due to VA email file size restrictions, contractors may need to logically separate their proposal into separate emails. If this is necessary, contractors should attempt to contain a complete volume within single email transmissions (and not split volumes).
The Offeror’s proposal shall consist of four volumes:
• Volume I Technical Factor
• Volume II Past Performance
• Volume III Price
• Volume IV SF1449, Amendments & Other Documents
Volume I, Technical Factor, and Volume II, Past Performance must be submitted in one .PDF redacted and one .PDF un-redacted version. The redacted version shall not contain Offeror’s/Company’s or subcontractor’s/teaming partner’s information, including Offeror’s/Company’s/Subcontractor’s/Teaming Partner’s name and logo, embedded graphs or pictures with Offeror’s/Company’s or Subcontractor’s/Teaming Partner’s name or logo. The redacted version shall refer to proposed subcontractor(s) or teaming partner(s) as Subcontractor/Teaming Partner A, B, etc. Past Performance Questionnaires (PPQs) do not need to be redacted. The page limits for each Volume are noted below and apply to each version.
1. Proposal Files
Offeror’s responses shall be submitted in accordance with the following instructions:
a. Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. Proposal page limitations are applicable to this procurement. The Table below indicates the maximum page count (when applicable) for each volume of the contractor’s submission.
All files will be submitted as either a Microsoft Excel (.XLS) file or an Acrobat (PDF) file or compatible as indicated in the table. Page size shall be no greater than 8 1/2" x 11" with printing on one side, only. The top, bottom, left and right margins shall be a minimum of one inch (1”) each. Font size shall be no smaller than 12-point. Arial or Times New Roman fonts are required. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size not less than 8-point and may be landscape. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers may be within the page margins ONLY, and are not bound by the 12-point font requirement. All proprietary information shall be clearly and properly marked. Footnotes to text shall not be used.
Additionally, Offerors shall not use hyperlinks or embedded files of any kind in any proposal volume. If included, these will not be reviewed or evaluated. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the contractor’s page limitations unless otherwise indicated in the specific volume instructions below. Pages in violation of these instructions, either by exceeding the margin, font or spacing restrictions or by exceeding the total page limit for a particular volume, may not be evaluated. Pages not evaluated due to violation of the margin, font or spacing restrictions will not count against the page limitations. The page count will be determined by counting the pages in the order they come up in the print layout view.
b. File Packaging. All of the proposal files may be compressed (zipped) into one file entitled “proposal.zip” using WinZip version 6.2 or later version or the proposal files may be submitted individually.
c. Content Requirements. All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the proposal and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal.
The titles and page limits requirements for each file are shown in the Table below:
Table 1: Volume, Title, and Page Limitations
Volume Number Factor File Name Page Limitations
Volume I Technical Factor [Contractor Name]Tech.doc/pdf
25 pages
(Key Personnel Résumés will not be included in page limitation. Résumés are limited to two pages each.)
Volume II Past Performance [Contractor Name]PastPerf.doc/pdf
8 page narrative
(References will complete and provide the questionnaire [RFP ATTACHMENT D 3] to the Government. PPQs will not be included in page limitation)
Volume III Price [CONTRACTOR None
NAME]Pricing
Spreadsheet.xls/.xlsx
(Includes a completed
ATTACHMENT A)
Volume IV
SF1449,
Amendments &
Other Documents
[CONTRACTOR
NAME]Other.pdf
Organizational Conflicts of Interest (OCI) Plan not to exceed 3 pages. OCI Plan does not count against page total.
A Cover Page, Table of Contents and/or a glossary of abbreviations or acronyms will not be included in the page count of any Volume. However, be advised that any and all information contained within any Table of Contents and/or glossary of abbreviations or acronyms submitted with Offeror’s response will not be evaluated by the Government.
i. Volume I - Technical Factor, Factor 1
Offerors shall address their Technical Factor to fulfilling the requirements contained in the Government’s PWS in detail. More specifically, Offerors will be expected to provide a written narrative that describes the approach they will take in responding to the objectives and requirements presented in the PWS. Offerors shall address their overall Technical Factor in detail. The Technical Sub-factors are listed below. At a minimum the Technical Factor must include the following:
Factor 1: Technical Factor
Sub-factor 1: Technical Approach
The Offeror shall demonstrate knowledge/experience meeting the objectives and tasks to be accomplished in the Scope of Work, Section 2, included in the PWS.
Technical Approach Submission Requirements:
The Offeror shall provide a description of how they plan to accomplish the work entailed in Section 2 of the PWS including performance metrics from Section 5 of the PWS and a demonstrated knowledge of medical pricing and medical coding standards needed to process claims using a computer based claims processing system.
Sub-factor 2: Staffing Approach
The Offeror shall provide a plan for meeting the staffing levels needed to meet the performance metrics contained in Section 5 of the PWS. The target volume is the estimated number of claims to process annually. See below.
Table 2: Rate Per Hour (RPH) Target Medical Claims Processor (MCP) Per Section
Claim Type RPH Target Per MCP
Target Volume of Claims Processed Annually
Dialysis National Contract 10 200,000
Camp Lejeune Family Member Program 10 40,000
Other Government Agency
(OGA) 13 230,000
PC3 13 80,000
eCAMS (see below) 625,000
End-to-End Claims Processing 15
Pricing only 30
Total 1,175,000
Staffing Approach Submission Requirements:
The Offeror shall provide an approach to provide staff capable of doing the work. Additionally, the Offeror shall describe their approach and rationale for staffing this contract including methods to attract, recruit, hire, train, and retain qualified management personnel as well as certified, trained, and qualified personnel to meet all contract requirements. The Offeror’s proposed approach shall also address short notice changes, employee retention, corporate knowledge retention, morale, productivity, and methods for evaluating employee performance.
Include an approach for establishing a minimum staffing level (Employee Roster) commencing 30 days prior to the period of performance, staffing to full capacity, and a contingency plan for replacing staff as vacancies occur. It is not sufficient to state that the current staff will be hired if the incumbent Contractor is not the winner. At minimum the Staffing Approach shall include the following:
a. Transition in Plan. The Offeror shall provide a plan to ensure a seamless transition between contracts without impacting the services provided. The plan must include a contingency if the incumbent’s current staff chooses not to transition to the winning Offeror (if the incumbent is not the winner.) The Offeror shall provide an approach to hiring/onboarding considering security checks; VA FSC facility and processes orientation training, training on VA FSC systems and medical claims processing systems. The approach shall clearly show how the Offeror will provide the required number of knowledgeable personnel needed to fulfill the PWS requirements. The Offeror shall identify risks associated with all significant phase-in activities and a mitigation approach for each risk. The plan shall include the approach to maintain performance requirements specified in Section 5 of the PWS without any degradation of these services throughout the period of performance. (Refer to PWS Section 4.9)
b. Transition Out Plan. The Contractor shall provide a plan for transitioning out to either the Government or subsequent Contractor at the end of the Period of Performance. In the Transition Out Plan, the Contractor shall address how the Contractor intends to maintain a level of services required to meet performance metrics individually, or in coordination with the subsequent provider. The Contractor shall provide the plan no later than 90 days before the end of the period of performance. (Refer to PWS Section 4.9)
c. Training Plan. The Offeror shall describe its plan accomplish initial staff training and ongoing requirements. (Refer to PWS Section 4.5)
d. Key Personnel
The Government will evaluate the quality of proposed key personnel, to include experience, against the labor category definitions and ability to support the PWS requirements. In addition, the Government will evaluate the depth of relevant experience of individual personnel as demonstrated by working on similar projects.
Projects must be similar in topic, workload, duration, and complexity in accordance with Section 2 and Section 5 of the PWS. Projects similar in topic are projects involving medical claims processing and operational help desk support. Projects similar in workload are considered projects that manage a volume of claims that meet or exceed the target volume stated in this solicitation. Projects similar in duration are projects whose period of performance meet or exceed the period of performance stated in this solicitation. Projects similar in complexity are low risk projects that involve managing Contractor personnel who handle medical claims processing using a computer based claims processing system, written and oral payment inquiries, and providing operational help desk support with the topic, workload, and duration required for this solicitation.
All key personnel must be employed for at least the first twelve months of the contract. Resumes are not part of the overall page count. Key Personnel Resumes are limited to two pages per resume. Key Personnel include the following (Refer to PWS Section 4.10.1). :
i. Program Manager (PM) or Equivalent (Equiv) The Program Manager/Equivalent (PM) shall provide the supervision needed for all Contractor personnel to perform the scope of work accurately, efficiently and within established time frames to attain the required performance metrics in this PWS. The PM or Equiv shall be the primary interface with the Government. The PM shall ensure this contract is sufficiently staffed and there is no lapse in services.
This position requires the following experience level(s):
• Minimum of ten years of experience supervising personnel, of which a minimum of six years experience is supervising personnel on processing medical claims and vouchers using numerous database applications in accordance with medical claims coding regulations and guidelines
• Possess a thorough understanding of Current Procedural Terminology (CPT), Healthcare Common Procedure Coding System (HCPCS) and International Classification of Diseases, Ninth Revision, Clinical Modification (ICD-9-CM) and Tenth Revision Clinical Modification (ICD- 10-CM) standards
• Possess in-depth subject matter knowledge and judgement to direct the performance of the personnel
• Possess proven capability and experience to supervise a team of the size needed to perform the scope and accuracy of work and to attain the required performance metrics in the PWS
• Possess knowledge and expertise in the use of Microsoft Office Products such as Word, Excel, and Project
• Possess an in-depth understanding of billing and follow up regulations as it relates to Medicare
• Possess an in-depth understanding of electronic claims editing and submission capabilities including Medicare and NEIC on-line claims processing and query system
• Have demonstrated success supervising a team focused on meeting organizational goals, objectives, and strong customer service skills
ii. Medical Claims Processor Lead (Lead) or Equiv
The Medical Claims Processor Lead/Equivalent (MCP Lead) shall perform the same functions as the other MCPs in addition to supervising the team’s workload.
Typical duties include assisting in a variety of administrative matters;
maintaining a wide variety of medical or other records; verifying medical claims and vouchers for accuracy and completeness; handling and adjusting on-line and phone inquiries and/or complaints This position requires the following experience level(s):
• Must possess a high school diploma
• Minimum of three years experience processing medical claims and vouchers
• Possess subject matter knowledge and judgement to independently complete assignments consisting of numerous steps that vary in nature and sequence
• Ability to utilize alternative methods and refer problems not solvable by adapting or interpreting substantive guides, manuals, or procedures
• Capable of training personnel on FSC systems if needed
• Possess a thorough understanding of Current Procedural Terminology (CPT), Healthcare Common Procedure Coding System (HCPCS) and International Classification of Diseases, Ninth Revision, Clinical Modification (ICD-9-CM) and Tenth Revision Clinical Modification (ICD- 10-CM) standards
• Possess a working knowledge of Microsoft Office, Access, and Excel
• Possess an in-depth understanding of billing and follow up regulations as it relates to Medicare
• Possess an in-depth understanding of electronic claims editing and submission capabilities including Medicare and NEIC on-line claims processing and query system
• Have demonstrated success working in a team environment focused on meeting organizational goals, objectives, and strong customer service skills
e. Increased Workload. The Offeror shall provide their approach to meeting the need for increased workloads through Adhoc labor hours as detailed in Section 2 of the PWS.
1. Surge Capability- Describe how resources will be allocated across performance areas, particularly in periods of surge, including an estimated timeline to activate such support.
ii. Volume II – Past Performance, Factor 2
Offerors may submit a narrative detailing up to three contracts (prime contracts, task/delivery orders, and/or major subcontracts) in performance during the past three years from the date of issuance of the final solicitation, which are relevant to the efforts required by the RFP. Areas of relevance include all tasks/deliverables addressed in the PWS for Medical Claims Processing and Operational Help Desk Support. Past performance that is most relevant is that with projects that are similar in size, scope, and complexity in accordance with Section 5 of the PWS.
Projects will be considered similar in size if the target volume is met or exceeded for medical claims processing and help desk support. Projects will be considered similar in scope if the projects are for work as outlined in Section 2 of the PWS including processing medical claims, processing written and oral medical claims payment inquires, and providing operational help desk support. Projects will be considered similar in complexity if they involve low risk projects that provide medical claims processing services using a computer based claims processing system, written and oral medical claims payment inquiry services, and operational help desk support with the size and scope required for this solicitation.
Past Performance Submission Requirements:
Data concerning the prime Offeror shall be provided first, followed by each proposed major subcontractor, if applicable, in alphabetical order. A major subcontractor is defined as one who will be providing software and/or services, and/or whose subcontract is for more than 20% of the total proposed price. In either case, the prime contractor and proposed major subcontractor(s) will be assessed individually and the results will then be assessed in their totality to derive the Offeror’s past performance rating.
The Offeror shall clearly state whether the data is for the prime contractor (submitting the proposal) or subcontractor (a subcontractor proposed for this solicitation). This volume shall be organized into the following sections:
a. Section 1 - Contract Descriptions
i. Contractor/ subcontractor place of performance, Commercial and Government Entity (CAGE) Code, Data Universal Numbering System (DUNS) number, and North American Industry Classification system (NAICS) number. Identify if the work was performed as a subcontractor, also provide the name of the prime contractor and point of contact (POC) within the prime contractor organization (name, current address, e-mail address, and telephone and fax numbers);
ii. Government Contracting/Private Industry activity and current address and Procuring CO’s name, e-mail address, and telephone numbers;
iii. Contract number;
iv. Delivery Order Numbers (Indefinite Delivery type contracts, General Services Administration (GSA) contracts, and Blanket Purchase Agreements
(BPA));
v. Contract Type (specific type such as Firm-Fixed Price (FFP), Cost Reimbursement, Time and Materials (T&M), etc.). In the case of Indefinite Delivery contracts, indicate specific type (Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FFP, Cost Reimbursement, T&M, etc.);
vi. Awarded price/cost;
vii. Final or projected final price/cost;
viii. Original delivery schedule, including dates of start and completion of work, by phase, in accordance with the overall management plan; and
ix. Final or projected final delivery schedule, including dates of start and completion of work, by phase, in accordance with the overall management plan.
b. Section 2 – Contract Narrative
Offerors shall provide a specific narrative explanation of each contract listed in Section 1, describing the objectives achieved and detailing how the effort is relevant to the requirements of this RFP (i.e., similar size, scope, and complexity). For any contracts/ contracts that did not/do not meet original cost, schedule, or technical performance requirements, provide a brief explanation of the reasons for the shortcomings and any corrective actions taken to avoid recurrence. The Offeror shall list each time the delivery schedule was revised and provide an explanation of why the revision was necessary.
The Offeror shall indicate if any of the contracts listed were terminated and the reasons for the termination.
c. Section 3 – Subcontracts
To allow the Government to make a determination of whether proposed subcontractors are “major subcontractors” as defined in 3. PAST PERFORMANCE EVALUATION APPROACH, contractors shall provide an outline of how the effort required by the RFP will be assigned for performance within the contractor’s corporate entity and among the proposed subcontractors, if applicable, including work assigned and estimated dollar value of the efforts assigned. The information provided for the prime contractor and each proposed major subcontractor shall include the entire company name, company address, CAGE code, DUNS number, socioeconomic status, and type of work to be performed by citing the applicable Government PWS section number.
d. Section 4 - New Corporate Entities
New corporate entities may submit data on prior contracts involving its officers and employees. In addition to the other requirements in this section, the Offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Information should be included in the files described in the sections above.
Complete PPQs: The Government will accept no more than one PPQ per past performance narrative (included as RFP ATTACHMENT D 3 – PAST PERFORMANCE QUESTIONNAIRE). The Offeror shall distribute the PPQ found in the RFP to the POC for each of the past performance references found in the narrative. The Government will accept only one completed PPQ per narrative; i.e. only one completed PPQ per reference. Should the Government receive more than one completed PPQs for any narrative, the Government will consider only the first received that corresponds to the contractor’s references found in the Past Performance volume. The Offeror shall instruct the POC at the referenced entity to return a copy of the completed PPQ directly to both the CO and the Contract Specialist via email to Kristal.Hall@va.gov and Sharon.Redman@va.gov respectively, no later than the closing date specified on the SF 1449, Block 8 (inclusive of any closing date extensions granted via Amendment).
The Government may also consider past performance information obtained through other sources. Past performance information will be utilized to determine the quality of the contractor’s past performance as it relates to the probability of success of the required effort. The Government may use information provided by the Offeror in their proposal submission, information in both Government and commercial databases, and other available information that the VA Contracting Officer determines is reasonable.
The more closely the prior performance of services matches the RFP requirements in terms of required performance (i.e., similar size, scope, and complexity), the more relevant the performance will be considered.
If the Offeror has no relevant past performance, it shall affirmatively state that it possesses no relevant past performance.
iii. Volume III- Price, Factor 3
This will be a hybrid contract with fixed price and labor hour (LH) CLINS. Offerors shall provide a price for each line item listed in Attachment A, Price/Cost Schedule.
Price Submission Requirements:
Labor mix/level of effort worksheet shall be submitted with Volume III. It shall be created in line with the CLIN structure and made to support the pricing.
Volume III shall include pricing information in an Excel spreadsheet, which shall be comprised of the CLINs from Attachment A, Price/Cost Schedule and a breakout worksheet, which details the labor mix per each CLIN.
iv. Volume IV- SF1449, Amendments, and Other Documents
a. Signed Standard Form (SF1449) and Acknowledgement of Amendment(s), if any. An official authorized to bind the firm shall sign the SF 1449, all amendment(s) (SF30s), and all certifications requiring original signature. An Acrobat PDF file shall be created to capture the signatures for submission.
b. Any proposed terms and conditions and/or assumptions upon which the proposal is predicated. Offerors are hereby advised that any contractor-imposed terms and conditions and/or assumptions which deviate from the Government’s material terms and conditions established by the Solicitation, may render the contractor’s proposal Unacceptable, and thus ineligible for award.
c. Contractor’s statement(s) as required by paragraph b. of the VAAR Clause 852.209-70, ORGANIZATIONAL CONFLICTS OF INTEREST.
d. Offerors must provide certification that they are verified within Vendor Information Pages (VIP) at the time of proposal submission and before award.
(End of Addendum to 52.212-1)
E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Technical Approach Past Performance Price
Technical and past performance, when combined, are more important than price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the
Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS- ADDENDUM
Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
The following provisions are incorporated into 52.212-2 as an addendum to this solicitation:
a. BASIS FOR AWARD
The Government will make an award to the responsible Offeror whose proposal conforms to the solicitation and is most advantageous to the Government (i.e., that which represents the best value to the Government), price and other factors considered.
b. FACTORS TO BE EVALUATED
(1) Non-Price Factors
i. Factor 1 - Technical Factor
ii. Factor 2 - Past Performance
(2) Price Factor
i. Factor 3 - Price
Proposals should not simply restate the Government's requirements, but should describe, in detail, how the Offeror intends to meet the requirements. The evaluation will determine whether the requirements specified in the solicitation have been completely considered, addressed, and satisfied. The evaluation will also determine whether or not the proposal was submitted in accordance with the instructions contained in the addendum to FAR 52.212-1, Instructions to Offerors, of this solicitation.
Technical Factor is more important than Past Performance. Past Performance is more important than Price. Technical Factor and Past Performance, when combined, are more important than Price.
c. ACQUISITION APPROACH
The contract will be awarded for one Base 12-month period with two 12-month Options, and will include FFP and LH CLINs.
d. EVALUATION APPROACH
All proposals will be subject to evaluation by a team of Government personnel. Contents of the written proposals will be evaluated to determine the degree and extent to which the requirements set forth in the RFP and PWS are satisfied. The written content of proposals will be evaluated in accordance with the Evaluation Approach described herein. Proposals which merely restate the requirement or state that the requirement will be met, without providing supporting rationale, are not sufficient. To receive consideration for award, a minimum rating of “Satisfactory” must be achieved for all Non-Price factors contained in this solicitation, see adjectival ratings below. If no Past Performance information is available, Past Performance will be evaluated neither favorably nor unfavorably; it will be given an adjectival rating of Neutral.
Offerors will be cautioned that the award may not necessarily be made to the lowest price Offeror or the Offeror with the most highly rated technical proposal. In accordance with (IAW) FAR 15.306(a) (3), the Government reserves the right to award without discussions based upon the initial evaluation of proposals. Offerors will thus be encouraged to submit their best offer in response to this solicitation.
Table 3:
(1) Technical Factor Adjectival Rating(s)
Excellent The proposal has exceptional merit and reflects an excellent approach which will clearly result in the superior attainment of all requirements and objectives. This clearly achievable approach includes numerous advantageous characteristics of substance, and essentially no disadvantages, which can be expected to result in outstanding performance.
The risk of unsuccessful performance is very low as the proposal provides solutions which are unquestionably feasible and practical.
These solutions are further considered very low risk in that they are exceptionally clear and precise, fully supported, and demonstrate a clear understanding of the requirements.
Risk Level: Very Low
Good The proposal demonstrates a sound approach which is expected to meet all requirements and objectives. This sound approach includes advantageous characteristics of substance, and few relatively minor disadvantages, which collectively can be expected to result in successful performance.
The risk of unsuccessful performance is low as the proposal contains solutions which are considered feasible and practical. These solutions are further considered to reflect low risk in that they are clear and precise, supported, and demonstrate an understanding of the requirements.
Risk Level: Low
Satisfactory The proposal demonstrates an approach which is capable of meeting all requirements and objectives. The approach includes both advantageous and disadvantageous characteristics of substance, where the advantages are not outweighed by the disadvantages.
Collectively, the advantages and disadvantages are likely to result in acceptable performance.
The risk of unsuccessful performance is moderate, as the proposal solutions are generally feasible and practical. These solutions are further considered to reflect moderate risk in that they are somewhat clear and precise, partially supported, and demonstrate a general understanding of the requirements.
Risk Level: Moderate
Marginal The proposal demonstrates an approach which may not be capable of meeting all requirements and objectives. The approach has disadvantages of substance and advantages, which if they exist, are outweighed by the disadvantages.
Collectively, the advantages and disadvantages are not likely to result in successful performance.
The risk of unsuccessful performance is high as the proposal contains solutions which may not be feasible and practical.
These solutions are further considered to reflect high risk in that they lack clarity and precision, are generally unsupported, and do not demonstrate a complete understanding of the requirements.
Risk Level: High
Unsatisfactory The proposal demonstrates an approach which, based on a very high risk, will very likely not be capable of meeting all requirements and objectives. This approach has numerous disadvantages of substance, and advantages which, if they exist, are far outweighed by disadvantages. Collectively, the advantages and disadvantages will not result in satisfactory performance.
The risk of unsuccessful performance is very high as the proposal contains solutions which are not feasible and practical. The solutions are further considered to reflect very high risk in that they lack any clarity or precision, are unsupported, and do not demonstrate an understanding of the requirement.
Risk Level: Very High
Table 4:
(2) Past Performance Adjectival Rating(s)
Excellent Essentially no doubt exists that the Offeror will successfully perform the required effort based on their performance record.
Risk Level: Very Low
Good Little doubt exists that the offeror will successfully perform the re quired effort based on their performance record.
Risk Level: Low
Satisfactory Some doubt exists that the offeror will successfully perform the required effort based on their performance record.
Risk Level: Moderate
Marginal Significant doubt exists that the Offeror will successfully perform the
Risk Level: High
Unsatisfactory It is extremely doubtful that the Offeror will successfully perform the
Risk Level: Very High
Neutral No relevant past performance record is available; therefore, the Offeror may not be evaluated favorably or unfavorably on past performance.
(i) NON-PRICE FACTORS
1. Factor 1 – Technical Factor
a. Technical Factor will be evaluated as follows:
The Technical Factor will be evaluated by Evaluation Team members for feasibility to determine the extent to which the Offeror has addressed the sub-factors in accordance with the Addendum to FAR 52.212-1, Instructions to Offerors-Commercial Items.
Feasibility is defined as capable of being done or carried out. An overall adjectival rating as indicated in Section D (1) of this Addendum, Evaluation Approach, will be given for Technical Factor.
b. The following sub-factors are equally important:
(1) Technical Approach
(2) Staffing Approach
2. Factor 2 – Past Performance
Past Performance will be evaluated as follows:
a. The Past Performance will be evaluated based on PPQs (See Attachment D 3), and other Government sources including Past Performance Retrieval System (PPIRS) and given an adjectival rating as indicated in Section D (2) of this Addendum, Evaluation Approach.
All past performance questionnaires, and their related projects, will be evaluated for quality, timeliness, and relevance. Timeliness is considered Past Performance from the last three years, relevance is considered experience in providing services similar in size, scope, and complexity as described in the addendum to FAR 52.212-1, Instructions to Offerors, of this solicitation.
Quality is how well the work was performed. In the case of an Offeror without a record of past performance or for whom information on Past Performance is not available, the Offeror may not be evaluated favorably or unfavorably on Past Performance.
(ii) PRICE FACTOR
Factor 3 – Price
Price will not be evaluated adjectivally or assigned a score. For price evaluation purposes, the Price/Cost Schedule will be evaluated by adding together all proposed CLIN prices, including options, for a total price. Price will be evaluated for price reasonableness. Failure to propose for each line item will deem the proposal to be non-responsive and the proposal will be eliminated from further consideration.
E.4 52.204-24 REPRESENTATION REGARDING CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the…
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