B08_SOL140D0422R0046_7-11-22.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

Combined Synopsis/Solicitation 140D0422R0046 “Child Advocate Services”

To: Prospective Offerors

From: Department of Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD)

Subject: Request for Proposal (RFP) No. 140D0422R0046 – Single Award Contract for “Child Advocate Services”

Attachments:

1) Performance Work Statement “Child Advocate Services”

2) Price Proposal Spreadsheet

3) HHS Subcontracting Plan

4) Questions Form

AQD is issuing this competitive RFP on behalf of the Department of Health and Human Services (HHS), Administration of Children and Families (ACF), Office of Refugee Resettlement (ORR). The purpose is to solicit child advocate services for unaccompanied children (UC) in various sectors nationwide. AQD will conduct this acquisition using Federal Acquisition Regulation (FAR) 15.3 procedures in conjunction with the policies found under FAR 12, Acquisition of Commercial Items.

AQD is a Federal Franchise Fund Contracting Office that operates under the authority of the Government Management Reform Act, as amended. AQD provides contracting support to all Federal Agencies and the Department of Defense. AQD Procurement will handle the solicitation, award, contract administration, and invoice payments for this requirement.

AQD intends on awarding a single contract after receipt and evaluation of all proposals. It is the Government’s intent to make award to the responsible Offeror who, in conformance with the RFP, demonstrates the ability to provide the overall best value to the Government considering technical evaluation factors and price, using trade-off methodology. The Government reserves the right to cancel this solicitation without award if the needs of the requirement are not met. This RFP does not commit the Government to pay for the costs associated with the preparation and submission of a proposal.

Any response that is non-compliant with any requested submission requirements of this RFP may be removed from further consideration. Furthermore, the Government reserves the right to make a partial award, multiple awards, or award no contract at all depending on the quality of the proposals, the availability of funding, and the continued existence of the requirement. This RFP does not commit the Government to pay for the preparation and submission of a proposal.

NAICS Code: 624110 – Child and Youth Services PSC Code: R410 – Support – Professional: Program Evaluation/Review/Development

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1. PERIOD OF PERFORMANCE:

The anticipated Period of Performance for this severable contract is 60 months.

Anticipated Period of Performance Base Period February 26, 2023 – February 25, 2024 Option Period 1 February 26, 2024 – February 25, 2025 Option Period 2 February 26, 2025 – February 25, 2026 Option Period 3 February 26, 2026 – February 25, 2027 Option Period 4 February 26, 2027 – February 25, 2028

2. SPECIFIC REQUIREMENTS:

See Attachment 1 – PWS, Attachment 2 – Price Proposal Spreadsheet and Attachment 3 – Subcontracting Plan.

3. LEVEL OF EFFORT:

The Government has provided the estimated level of effort (LOE) in the “Bidding Assumptions” tab of Attachment 2 – Price Proposal Sheet. The included LOE is for estimating purposes only. Only a total price for each task area shall be included in the Price Proposal.

4. QUESTIONS:

All questions shall be submitted in writing via email to the Contracting Officer (CO) and Contract Specialist no later than 8:00am ET on Monday, July 18, 2022. Questions shall be sent via email to the CO, Gabriella_Jones@ibc.doi.gov and the Contract Specialist, Ebony_Jones@ibc.gov. “Questions from [insert company name here] – RFP 140D0422R0046” must be included in the subject line. The Government reserves the right to not address all questions. Responses will be provided as an attachment to a subsequent RFP amendment.

5. COMPETITION AND ANTICIPATED CONTRACT TYPE:

This solicitation is being issued to both small and other than small businesses (OTSBs) using full and open contracting procedures. The Government anticipates awarding a single severable FFP contract.

6. RFP RESPONSE DUE DATE:

Responses to this RFP are due to the CO and Contract Specialist via email by August 11, 2022, no later than 8:00 AM ET. No facsimile transmissions of the proposal will be accepted. The proposal shall be sent via email to Gabriella_Jones@ibc.doi.gov and Ebony_Jones@ibc.doi.gov with “Proposal from [insert company name here] – RFP 140D0422R0046” included in the subject line.

Please note that it is the Offeror’s responsibility to ensure/verify the Government receives its submission on or before the deadline. The Government reserves the right to not accept any late proposals for any reason, including those related to any technical difficulties.

7. PROPOSAL CONTENT/ SUBMISSION FORMAT AND REQUIREMENTS:

All correspondence must have “RFP 140D0422R0046” in the subject line and confirmation that all attachments are included within the body of the email.

Volume I: General and Technical/Management Proposal Section 1 General (no page limit) Section 2 Completed SF-1449, SF-30 (if applicable) (no page limit) Section 3 SAM Registration (no page limit)

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The Proposal shall not include any price-related information in any Volume other than Volume 3: Price.

8. REQUIRED COMPONENTS OF EACH VOLUME AND SECTION

VOLUME I – GENERAL AND TECHNICAL

Section 1 – General This section shall include a cover sheet. This cover sheet shall include the information listed below in letters A - R:

A. Name of Company B. Address C. City, state, zip code D. Socioeconomic Status E. Unique Entity Identifier (UEI) and CAGE code F. Taxpayer Identification Number (TIN) G. Point of contact (primary and alternate) H. Telephone number I. Email address J. Solicitation number K. Date of proposal L. Name of any subcontractors and their business size M. Prompt payment terms N. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation O. Completed solicitation provisions that have fill-ins (highlighted) P. Names and contact information of persons authorized to negotiate on the company’s behalf Q. A statement that the Proposal expires no sooner than 60 days after submission

Section 4 Representations & Certifications (no page limit) Section 5 Technical Assumptions (no page limit) Section 6 Technical (no more than 30 pages - not inclusive of Resumes and Letters of Commitment)

a. Management Approach

• Personnel Qualifications

• Approach to Implementation

• Staffing Plan

b. Technical Approach

• Organizational Experience and Capacity

• Quality Control Plan

• Understanding the Project and Scope

Volume 2: Past Performance Section 1 Past Performance, including Consent Letters and Questions Form (no more than 10 pages) Volume 3: Price

Section 1 Price Assumptions (no page limit) Section 2 Price Proposal Spreadsheet (Attachment 2) (no page limit)

Volume 4: Subcontracting Plan/Small Business Participation Section 1 Subcontracting Plan/ Small Business Participation (no page limits)

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R. Acknowledgement of receipt of all RFP amendments (if any issued)

Section 2 – SF-1449 and SF-30 The SF-1449 and SF-30 (if applicable) shall be fully completed and signed upon submission. The Offeror is cautioned that the SF-1449 must contain an original signature in block 30a of the form; certified electronic signatures will be accepted.

Section 3 – SAM Registration Evidence of the Offeror’s current System of Award Management (SAM) database registration (http://www.sam.gov). A screenshot of the Offeror’s SAM registration page is acceptable evidence. The Offeror must be registered in SAM to receive Government contracts. If the Offeror’s SAM account will expire before the award date, it is the Offeror’s responsibility to ensure that its account is active at time of award. The Awardee will be responsible for ensuring their SAM registration remains active throughout the entirety of the performance of the resultant contract.

Section 4 – Representations and Certifications This solicitation contains the following provisions that each Offeror must complete and return with its Phase 1 proposal (see Section 8 of this RFP for each provision in its full text):

• FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Nov 2021)

• FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation

(Oct 2020)

• FAR 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)

• FAR 52.212-3 – Offeror Representations and Certifications-Commercial Items (Jan

2021)

• FAR 52.227-15 – Representation of Limited Rights Data and Restricted Computer

Software (Dec 2007)

• FAR 52.229-11 – Tax on Certain Foreign Procurements-Notice and Representation (Jun

2020)

Section 5 – Technical Assumptions The Offeror shall indicate, in this section only, if any technical assumptions have been made, conditions have been stipulated, or exceptions have been taken with the PWS or RFP, as written. If technical assumptions are not noted in this section, it will be assumed that the proposal reflects no technical assumptions for award and the Offeror agrees to comply with all of the terms and conditions set forth herein. Any technical assumptions listed in any other volume or section shall be null and void. The Offeror is advised that any exception taken may adversely impact its evaluation. Additionally, any technical assumptions that are considered unacceptable by the government and cannot be resolved may result in the Offeror being removed from further consideration. The Offeror is advised that any technical assumptions/exceptions taken to the terms and conditions of the RFP may adversely impact its proposal evaluation.

Section 6 – Technical The following areas in the Offeror’s technical proposal must be addressed to sufficiently demonstrate the Offeror’s ability to successfully perform this requirement.

Section 6(a) – Management Approach In the Management Approach narrative section, the Offeror shall include:

• Personnel Qualifications

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o Proposals shall contain complete job descriptions covering all positions proposed for this effort, identify personnel proposed to fill these positions, and identify the level of effort proposed for each position. It must demonstrate that the proposed staff possesses adequate training to provide child advocate services o Demonstrate ability to recruit, hire, and retain qualified staff as well as the ability to deploy additional staff to influx facilities as needed.

o A discussion and demonstration of the currency, quality and dept of experience of the Offeror’s Key Personnel with respect to similar work specified in the PWS.

o Staff resumes and letters of commitment for all proposed staff shall be included in the proposal and shall clearly reflect the range and depth of the requirements. At a minimum, each resume shall include the following information:

- Full Name

- Job title

- Experience directly related to the proposed project

- Education and training o For any personnel whose highest degree was awarded more than ten years ago, the resume should specify courses, conferences, seminars attended, or work experience demonstrating the proposed candidate remains current in the field.

• Clearly define the Approach to Implementation o Demonstration on ability to successfully fulfill the responsibilities and tasks outlined in the PWS, and the process for promptly addressing replacement of contractor personnel, in the event of contractor turnover of any of the labor categories identified as part of this requirement.

o Clearly defining the project management approach emphasizing measurable objectives, proposed outcomes and quality assurance related to the specific tasks set forth in the PWS.

• Include a Staffing Plan o Discussion on the Offeror’s ability to maintain the required levels of staffing outlined in the PWS o Demonstrate their experience in providing Child Advocacy services.

o Demonstrate an Understanding of the PWS by providing a detailed approach to successfully completing the five tasks of the PWS on an on-going basis.

**Offerors shall provide resumes for each of the following Key Personnel. Resumes will be used to evaluate the following areas with respect to proposed personnel:

(a) Management of similar projects and tasks

(b) Performance of similar work on at least two projects

The following positions have been identified by the Government as Key Personnel:

• Program Director

• Regional Coordinator (one per Sector)

• Supervisory Child Advocates

Any other positions determined by the Offeror to be Key Personnel in their approach shall be indicated as so in their proposal.

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Letters of commitment are required of all Key Personnel. The letter of commitment must be directed to supporting this program including the length of an individual’s commitment and must be signed by the individual and a corporate authorized official.

The Government reserves the right to consider additional key personnel deemed highly qualified.

Section 6(b) –Technical Approach In the Technical Approach Section, the proposal shall include:

• Demonstrate Organizational Experience and Capacity o Detailed Examples of contracts that the Offeror has performed within the past 3 years that demonstrate the company’s experience and capability in implementing and managing projects of similar scale and complexity.

o Discussion on the ability to perform the tasks outlined in the PWS based upon its organizational experience, technical capability and corporate capacity.

o Demonstrate their experience in providing Child Advocate services.

• Include a Quality Control Plan o Demonstration of the ability to perform the tasks outlined in the PWS based upon the

Offeror’s quality assurance system.

o Describe a system of ongoing supervision, observation, coaching and professional development of all personnel in order to ensure they have the skills, knowledge and capabilities to deliver child advocate services to UC.

o Describe a comprehensive ongoing monitoring system to assess the quality and effectiveness of child advocate services.

o Describe internal policies to provide timely and effective response to concerns about the quality of child advocate services or personnel performance evaluations/assessments.

o Describe how the Offeror will ensure work products and contract deliverables meet ORR requirements with minimal revision or correction.

o Describe how the Offeror will analyze child advocate services data and trends for use in planning and developing recommendations.

o Describe how the Offeror will provide oversight of contract expenditures and budget burn rates to ensure efficient and effective utilization of federal funds and minimize risk of cost overruns.

• Reflect a clear, demonstrated, Understanding the Project and Scope o Demonstrate an understanding of the scope, objectives and complexities of the PWS.

o Demonstrate a detailed approach to successfully completing the five tasks of the PWS on an on-going basis.

o Demonstrate knowledge of current ORR priorities and initiatives.

VOLUME II– PAST PERFORMANCE

Section 1 – Past Performance The Offeror shall include up to three past performance references for work of similar size, scope, and complexity performed within the last three (3) years. Only one (1) reference may be for a subcontractor.

References shall include the following information:

• Title of the Project

• Agency Name

• Point of Contact (CO, COR) Name, Email, and Phone Number

• Dates of Performance

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• Description of the Work the demonstrates the size, scope, and complexity of the work

• Any adverse performance and steps taken to correct (if applicable)

The Offeror shall submit consent letters executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing the release of past performance information so the Offeror can respond to such information.

Past performance information is proprietary source selection information. The Government will only discuss past performance information directly with the entity or person that is being reviewed. If there is a problem with the proposed subcontractor's past performance, the prime can be notified of a problem, but no details will be discussed without the subcontractor's permission.

VOLUME III: PRICE

The price proposal shall be a separate volume from the technical proposal. There is no page limit on the price proposal.

Section 1 - Price Assumptions

The Offeror shall indicate, in this section only, if any price assumptions have been made, conditions have been stipulated, or exceptions have been taken with the PWS or RFP, as written. If price assumptions are not noted in this section, it will be assumed that the proposal reflects price technical assumptions for award and the Offeror agrees to comply with all of the terms and conditions set forth herein. Any price assumptions listed in any other volume or section shall be null and void. The Offeror is advised that any exception taken may adversely impact its evaluation. Additionally, any price assumptions that are considered unacceptable by the government and cannot be resolved may result in the Offeror being removed from further consideration. The Offeror is advised that any price assumptions/exceptions taken to the terms and conditions of the RFP may adversely impact its proposal evaluation.

Section 2 - Price Proposal Spreadsheet

a. The Government has provided a Price Proposal Spreadsheet (Attachment 2) that shall be used by the offeror. The price proposal shall include the total price by task area. The Price Proposal Spreadsheet shall be submitted as an Excel spreadsheet. The submitted spreadsheet shall not be locked.

b. The proposal shall be submitted on a FFP basis.

c. The Government has provided its estimated Level of Effort (LOE) in the Price Proposal Spreadsheet for estimating purposes only. The Offeror shall use their own LOE commensurate with their Technical Approach.

d. ODCs are expected under this Contract. The Government’s provided ceiling numbers are for estimation purposes only. The total price for each task area shall be inclusive of all labor and ODCs.

e. The proposal shall denote using an asterisk (or similar) on the Price Proposal Sheet any labor categories that may be subject to the Service Contract Labor Statute.

f. The Offeror shall include a payment schedule for the labor portion of the price proposal, in monthly increments.

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g. The Offeror shall provide the labor rates and level of effort in the appropriate tabs for evaluation purposes only. The Offeror shall indicate in the appropriate cell whether the rates are burdened or unburdened.

VOLUME IV – SUBCONTRACTING PLAN

Other than Small Business (OTSB) Offerors shall submit a small business subcontracting plan with their proposal in accordance with FAR 19.7 and the clause 52.219-9. A small business subcontracting plan is considered a material requirement to the proposal submission of an OTSB Offeror. Therefore, failure to submit a small business subcontracting plan by an OTSB Offeror is a material omission, and absent a small business subcontracting plan by an OTSB Offeror, the proposal submission is unacceptable. The submission of a subcontracting plan shall follow the instructions found in Attachment 3 – HHS Subcontracting Plan Template. Of that subcontracting dollar amount, the OTSB Offeror shall meet or exceed the percentages shown below which represent the HHS FY2022 subcontracting goals:

Small Business: 22.85% Small Disadvantaged Business (including 8a, ANC): 13.08% Woman-Owned Small Business: 5% Hubzone: 3% Service-Disabled Veteran-Owned Small Business: 3%

9. EVALUATION/BASIS FOR AWARD

It is the Government’s intent to award a single contract using the procedures in FAR 15.3. The Government may reject a proposal that is evaluated to be significantly non-compliant with the solicitation requirements or reflects a failure to comprehend the complexity and risks of the work to be performed.

The Government reserves the right to stop evaluating the proposal if any part of the submission is considered to be unacceptable. Should the Offeror’s submission be found to have an unacceptable technical submission in any area, the submission may be considered to be unacceptable to meet the Government’s objectives as a whole. The Government intends to make an award based on a technically acceptable approach at a fair and reasonable price.

The Government reserves the right to validate the accuracy of statements being made in the proposals.

The Technical Evaluation Committee reserves the right to revise its technical consensus of a proposal based on information within the Price Volume when the Technical Evaluation Committee determines that content within the Price Volume will have an impact on technical evaluation factors or sub-factors.

The Offeror’s submission will be evaluated in accordance with the below evaluation criteria. For each of the factors below, the Government will assess the acceptability of the Offeror’s response.

EVALUATION FACTORS:

The Offeror’s submission will be evaluated in accordance with the following evaluation criteria. The evaluation factors are listed in order of importance. All evaluation factors other than price, when combined are significantly more important than price.

Importance Evaluation Factor Volume of Proposal 1st Order of Importance Factor 1: Management Approach Volume I, Section 5 and 6(a) 2nd Order of Importance Factor 2: Technical Approach Volume I, Section 5 and 6(b) 3rd Order of Importance Factor 3: Past Performance Volume II, Section 1 4th Order of Importance Factor 4: Price Volume III 5th Order of Importance Factor 5: Subcontracting Plan/Small Business

Participation Volume IV

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The criteria identified in the following table will serve as the standard against which the technical volume will be evaluated and identifies the significant factors which the Offeror shall address in their proposals.

The rating definitions provided below will be used for the evaluation of each technical evaluation factor and to assign each proposal with an overall rating.

Adjectival Ratings Definitions

Outstanding

Proposal demonstrates an excellent understanding of the requirements and an approach that significantly exceeds performance or capability standards. Proposal has multiple strengths that will significantly benefit the Government.

Good

Proposal demonstrates a good understanding of the requirements and an approach that exceeds performance or capability standards and contains one or more strengths that will benefit the Government.

Acceptable Proposal demonstrates an understanding of the requirements and an approach that meets performance or capability standards.

Proposal presents an acceptable solution with little or no strengths.

Unacceptable

Proposal fails to meet requirements and one or more deficiencies exist for which correction would require a major revision or redirection of the proposal. A contract cannot be awarded with this proposal.

Factor 1: Management Approach

Subfactor 1.A: Personnel Qualifications:

The Government will evaluate the degree to which:

• The proposed management personnel, meet the academic, professional and technical

• requirements described in the PWS. Resumes for all management personnel provide evidence of their demonstrated ability/experience as described in the RFP. Copies of the degrees and accreditation transcripts required in the RFP, and signed commitment letters, are included.

• The Offeror demonstrates their ability to recruit, hire, and retain qualified staff as well as the ability to deploy additional staff to influx facilities as needed.

• The Offeror demonstrates the proposed Key Personnel have the currency, quality, and depth of experience to successfully perform the work specified in the PWS.

Subfactor 1.B: Approach to Implementation:

The Government will evaluate the degree to which:

• The Offeror demonstrates the ability to successfully fulfill the responsibilities and tasks outlined in the PWS and the process for promptly addressing replacement of contractor personnel, in the event of contractor turnover of any of the labor categories identified as part of this requirement.

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• The Offeror clearly defines the project management approach emphasizing measurable objectives, proposed outcomes and quality assurance related to the specific tasks set forth in the

PWS.

Subfactor 1.C: Staffing Plan:

• The Offeror demonstrates the ability to maintain the required levels of staffing outlined in the

Statement of Work.

• The Offeror demonstrates their experience in providing Child Advocacy services.

• The Offeror demonstrates an Understanding of the PWS by providing a detailed approach to successfully completing the five tasks of the PWS on an on-going basis.

Factor 2: Technical Approach

Subfactor 2.A.: Organizational Experience and Capacity

• The Offeror provides detailed examples of contracts that the Offeror has performed within the past 3 years that demonstrate the company’s experience and capability in implementing and managing projects of similar scale and complexity.

• The Offeror demonstrates the ability to maintain the required levels of staffing outlined in the

PWS.

• The Offeror demonstrates their experience in providing Child Advocate services.

Subfactor 2.B.: Quality Control Plan The Government will evaluate the degree to which:

• The Offeror’s ability to perform the PWS based on its quality assurance system.

• The Offeror describes a system of ongoing supervision, observation, coaching and professional development of all personnel in order to ensure they have the skills, knowledge and capabilities to deliver child advocate services to UC.

• The Offeror describes a comprehensive ongoing monitoring system to assess the quality and effectiveness of child advocate services.

• The Offeror describes internal policies to provide timely and effective response to concerns about the quality of child advocate services or personnel performance evaluations/assessments.

• The Offeror describes how the Offeror will ensure work products and contract deliverables meet ORR requirements with minimal revision or correction.

• The Offeror describes how they will analyze child advocate services data and trends for use in planning and developing recommendations.

• The Offeror describes how they will provide oversight of contract expenditures and budget burn rates to ensure efficient and effective utilization of federal funds and minimize risk of cost overruns.

Subfactor 2.C.: Understanding the Project and Scope

• The Offerors demonstrates the ability to perform the requirements of the PWS based on its demonstrated understanding of the scope, objectives and complexity of the PWS.

• The Offeror demonstrates a detailed approach to successfully completing the five tasks of the

PWS on an on-going basis.

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• The Offeror demonstrates knowledge of current ORR priorities and initiatives.

Factor 3: Past Performance Past performance information is one indicator of an Offeror’s ability to perform the contract successfully.

This evaluation is subjective and will be based on information obtained from references provided by the Offeror, as well as information obtained by other sources known to the Government, including CPARS.

For the purpose of this evaluation the term “Offeror” is inclusive of the prime, predecessor companies, key personnel and subcontractors for which past performance will be evaluated.

The Government will consider the relevancy and quality of the Offeror’s past performance to assess the risk of unsuccessful contract performance. As a result, an overall risk rating will be determined for each Offeror.

STEP 1 – Relevancy Each reference will be evaluated for relevancy based on the scope and magnitude of effort and complexities of the work performed and how it compares to the services specified in Section C of this solicitation.

Rating Definition Very Relevant Performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

STEP 2 – Quality To determine how well the Offeror has performed in the past, the Government is using past performance rating information available in the Past Performance Retrieval System (PPIRS), information provided by references, as well as information obtained by other sources known to the Government.

Offerors will have an opportunity to respond to adverse past performance information for which they have not previously had an opportunity to respond.

Each reference will be evaluated for the overall quality of the performance.

Excellent The contractor has performed successfully and greatly exceeded expectations under the contract.

Good The contactor has performed successfully under the contract.

None No record of performance or performance is inconclusive.

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Marginal The contractor has some unsuccessful performance under the contract.

Poor The contractor has performed unsuccessfully under the contract.

STEP 3 - Risk Rating After considering the relevancy and the quality of the Offeror’s past performance, an overall risk rating will be determined for each Offeror. The risk rating is an assessment of the overall risk of unsuccessful contract performance based on the past performance of the Offeror. The more relevant the references are to the current acquisition, the more significant the reference becomes and the more weight it is given in determining the risk rating. The Government will consider the type and amount of work to be performed by the prime, key personnel, and major or critical subcontractors to determine the significance of their past performance information when determining the risk rating. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or is inconclusive, the Offeror will not be evaluated favorably or unfavorably on past performance.

Very Low Performance Risk Based on the Offeror’s performance record, no doubt exists that the Offeror will successfully perform the required effort

Low Performance Risk Based on the Offeror’s performance record, minimal doubt exists that the Offeror will successfully perform the required effort.

Moderate Performance Risk Based on the Offeror’s performance record, doubt exists that the Offeror will successfully perform the required effort. Normal contractor emphasis should preclude any problems.

High Performance Risk Based on the Offeror’s performance record, substantial doubt exists that the Offeror will successfully perform the required effort.

Unknown Performance Risk No performance record is identifiable, past performance is not relevant to the required effort, or the past performance information is inconclusive.

Factor 4. Price Each price proposal will be evaluated for accuracy, completeness, and reasonableness. This process involves verification that prices are included for all RFP requirements and that figures are correctly calculated. Due to potential variations in solutions that each Offeror may submit to meet the PWS, a determination of “price reasonableness” will be based on the Government’s evaluation of each element listed in the Offeror’s price proposal. The Government reserves the right to utilize any/all proposal submission information to assist in making a determination of reasonableness. The Government may request Other Than Certified Cost and Price Data to support the price analysis. This determination may include a review of the data other than certified cost and pricing data submitted and may include other price analysis techniques in accordance with FAR 15.404-1(b). If determined to be necessary, the Government reserves the right to conduct a price realism analysis.

The Total Evaluated Price for purposes of award will be determined by the total calculation identified in the submission for Attachment 2.

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Factor 5. Subcontracting Plan/ Small Business Participation The Government will evaluate the OTSB Offeror’s subcontracting plan and the extent to which it meets the requirements of FAR subpart 19.7, FAR clause 52.219-9, and the HHS FY2022 subcontracting goals.

In the event no subcontracting plan is submitted, and the Offeror is an OTSB, the Offeror’s proposal will be deemed unacceptable, and the Offeror may be immediately removed from competition.

Offeror is a Small Business Full Credit Offeror is an OTSB and submits a completed Subcontracting Plan that meets or exceeds the HHS Small Business Subcontracting Goals

Partial Credit

Offeror is an OTSB and the submitted Subcontracting Plan does not meet the HHS Small Business Subcontracting Goals

No Credit

Offeror is an OTSB and does not submit a subcontracting plan

Removed from Consideration

10. SOLICITATION PROVISIONS and CLAUSES:

The Offeror shall fill out the applicable provisions (included below and highlighted) and submit with their proposal.

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with 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 Offeror is cautioned that the listed provision may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far Department of the Interior Acquisition Regulation (DIAR): https://www.acquisition.gov/diar Health and Human Services Acquisition Regulation (HHSAR): https://www.acquisition.gov/hhsar.

(End of provision)

FAR 52.252-5 – Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Department of the Interior Acquisition Regulation (48 CFR Chapter

14) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

Federal Acquisition Regulation (FAR) Provisions Incorporated by Reference FAR Provision Title Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep 2007

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52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representation Jan 2017

52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services Nov 2021

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services Nov 2021

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications Jun 2020

Department of the Interior Acquisition Regulation (DIAR) Provisions Incorporated by Reference

DIAR Provision Title Date

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior Apr 1984

HHS Acquisition Regulation (HHSAR) Provisions Incorporated by Reference

HHSAR Clause Title Date 352.239-73 Electronic Information and Technology Accessibility Notice Dec 2015

Provisions incorporated by full text

FAR 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 or 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 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

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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 facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. 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 facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ϒ will, ϒ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ϒ does, ϒ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

https://www.sam.gov/

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(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such

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as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

FAR 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

FAR 52.229-11 – Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

(a) Definitions. As used in this provision—

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

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(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving…