EHB DME RFP_ Draft.pdf
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- Attached to
- Electronic Handbooks Development, Modernization, and Enhancements Federal contract opportunity
- Solicitation number
- 75R60221R00007
About this file
This document is a draft request for proposals for electronic handbook development, modernization, and enhancement services. The Health Resources and Services Administration is seeking proposals to provide support for a variety of projects to improve its Electronic Handbooks through integration with new business processes and other Health and Human Services systems. The indefinite delivery, indefinite quantity contract would have a one-year base period and four one-year option periods, with an anticipated value between $3,000 and $50 million per year. Pricing may be determined using various contract types including fixed price, cost reimbursement, and hybrid arrangements. Proposals are due by March 10, 2021 with award expected shortly thereafter.
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Text version
DRAFT
February 10, 2021
You are invited to submit a proposal in accordance with the requirements of this Solicitation No.
75R60221R00007 and Federal Acquisition Regulation (FAR) Part 15. The purpose of this requirement is to customer support for the Electronic Handbooks (EHBs) and provide support for a variety of development, maintenance and enhancement. The period of performance will be a 12-month base period plus four (4) 12-month option periods. The NAICS code for this requirement is 541519, Other Computer Related Services with a size standard of $30M and Product Service Code DA01, IT and Telecom–Business Application/Application Development Support Services (Labor).
It is anticipated that various types of awards such as cost-sharing hybrid contract inclusive of Firm Fixed Price and Cost award may result from this solicitation.
QUESTIONS
Questions or issues for which you require clarification or correction by the Government must be submitted via email to lericksen@hrsa.gov. In order to allow a reply to be provided to all prospective Offerors before submission of their proposal, your questions must be received no later than 4:00 p.m. Eastern Standard Time (EST) on February 19, 2021. Questions received after the due date and time will not be considered. NO EXCEPTIONS.
ELECTRONIC PROPOPSAL SUBMISSION
Your Request for Proposal (RFP) shall be prepared in accordance with Sections L and M and the "Statement of Objectives". This RFP does not commit the Government to pay any costs for the preparation and submission of a proposal nor does it commit the Government to make an award.
Your proposal shall be received by the Contract Specialist as soon as possible, but no later than March 10, 2021 at 2:00 p.m., EST via e-mail at lericksen@hrsa.gov.
In the rare event of an e-mail malfunction (lericksen@hrsa.gov), Offerors shall immediately notify the Contracting Officer or Contract Specialist via telephone prior to the solicitation closing date and time. Failure to do so will automatically deem an Offeror’s quote as late. Failure to submit a complete proposal prior to the solicitation closing date and time will render the quote late and unacceptable.
Your proposal must provide a contact name and number, your company name and complete address, including street, city, county, state, zip code, e-mail address, Tax Identification Number (TIN), and Dun & Bradstreet Number (DUNS). The TIN must match the name of the vendor to whom the payments will be made. Please note that FAR 52.204-6 Contractor Identification Number Data
DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service
Health Resources and Services Administration Office of Acquisition and Management Policy 5600 Fishers Lane, Room 14W29 Rockville, MD 20857 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') mailto:lericksen@hrsa.gov mailto:lericksen@hrsa.gov
Universal System (DUNS Number). If you do not have a DUNS number, please contact Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com.
The Contractor must be registered in the SAM database at www.sam.gov. "Registered in the SAM database" means that (1) the Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; and (2) The Government has validated all mandatory data fields and has marked the record "Active". If you are not registered in the SAM, you may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov or at 1-207-438-1690.
By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the System Award Management (SAM) database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. If not registered in the SAM, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. SAM requires any prospective awardee to have a DUNS number and be registered in the SAM database prior to award, during performance, and through final payment of any award resulting from this solicitation.
It is brought to your attention that the Contracting Officer is the only individual who can legally commit the Government to expenditure of public funds in connection with this proposed acquisition.
Requests for additional information concerning this RFP should be referred to Carolyn C. Taylor at ctaylor@hrsa.gov or 301-443-6508.
Sincerely yours, /s/
Lee Ericksen Contract Specialist http://www.dnb.com/ http://www.sam.gov/
TABLE OF CONTENTS
SECTION DESCRIPTION PAGE
A Standard Form 4
B Supplies or Services and Prices/Costs 5
C Description/Specifications/ Statement of Work 11
D Packing and Marking 12
E Inspection and Acceptance 13
F Deliveries or Performance 18
G Contract Administration Data 20
H Special Contract Requirements 27
I Contract Clauses 38
J List of Attachments 64
K Representations, Certifications and Other 65
Statements of Offerors or Respondents
L Instructions, Conditions and Notices to Offerors 69
M Evaluation Criteria 92
SECTION A – STANDARD FORM (SF) 33
This page intentionally left blank.
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 Purpose of Contract
This requirement is an Indefinite Delivery/Indefinite Quantity (IDIQ) which will be used to provide support for a variety of development, maintenance and enhancement (DME) efforts that enable HRSA to better utilize Electronic Handbooks (EHBs) by integrating new business processes into the EHBs or integrating EHBs with existing HHS systems. This IDIQ will also provide support for Systems Architecture (SA) and Program Management Office (PMO) Services.
B.2 Consideration and Payment
1. Services will be acquired on an as-needed basis through the issuance of task orders. A minimum of one (1) task order award will be guaranteed during the base period of the contract with a minimum total amount of $3,000. The total cost of all task orders awarded during the contract period shall not exceed $50M each year active of the five (5) contract years. The maximum cost of all task orders during the contract period (base and option years) shall not exceed $250M.
2. The rates specified below are ceiling rates for the life of the contract and shall not be exceeded for any reason. For task orders whose period of performance extends beyond the base contract period of five years, the Contractor shall use the same escalation rate used to escalate rates for years two through five.
DOMAIN ONE
Proposed Labor Categories Base Year 1 Year 2 Year 3 Year 4
IDIQ Program Manager Technical Project Manager Cloud Developer/Engineer Cloud Architect Cloud Data Architect Technical Architect Business Architect Technical Lead Systems Architecture Lead Subject Matter Expert Security Lead Database Architect Test Automation Lead
Senior Performance Test Engineer
Quality Assurance Leads Test Engineer Program Manager Implementation/Deployment Manager
Contract Manager Communications Manager Business Process Reengineering (BPR) Specialist
Senior Architect Software Development Consultant-Senior
Senior Software Engineer/Development Lead
Requirements Lead Scrum Master Business Analyst /Product Owner
Software Engineer Database Administrator-Senior Database Administrator Facilitator Training Lead User Interface Developer Technical Writer Business Intelligence Specialist
– Tableau Admin/SME
Release Engineer Configuration Management Analyst
DOMAIN TWO
Proposed Labor Categories Base Year 1 Year 2 Year 3 Year 4
Enterprise Architect Cloud Data Architect Cloud Architect Subject Matter Expert Solution Architect PMO Manager/Analyst IDIQ Program Manager Database Architect Contract Administrator Technical Project Manager Cloud Developer/Engineer Technical Architect Business Architect Technical Lead Senior Software Engineer Test Engineer Program Manager Contract Manager Senior Architect Software Development Consultant-Senior
Scrum Master Business Analyst Software Engineer Database Administrator-Senior Facilitator Quality Assurance Lead Technical Writer Business Intelligence Specialist
– Tableau Admin/SME
Security Engineer Data Analyst Service Integration Lead Enterprise Architect
3. In accordance with the requirements stated in each task order, and in consideration of the satisfactory performance of the work described under Attachment A, Statement of Work, the Contractor shall be reimbursed on a time and materials, cost-reimbursement basis, a firm-fixed-price basis, or a combination of cost reimbursement and firm fixed price. Each task order awarded under the contract shall include one or more of the labor categories in Section B.2.2, and the Contractor shall be reimbursed for costs incurred for labor based on the unloaded hourly rates proposed in its contract cost proposal.
4. The Government shall not be obligated to reimburse the Contractor for any cost incurred in excess of each task order amount, and the Contractor shall not be obligated to continue performance under the task order, or otherwise incur any cost in excess of the task order amount, unless and until the Contractor has received written notification from the Contracting Officer which modifies the task order amount. No notice, communication or representation in any other form or from any person other than the Contracting Officer shall affect the amount of the task orders.
5. The Contracting Officer may allot additional funds to each task order without the concurrence of the Contractor.
B.2.1 Allowable Costs
Costs shall be determined by the Contracting Officer to be allowable in accordance with FAR Subpart 31.2 in effect on the date of this Contract and the terms of this Contract.
B.2.2 Prior Authorization of Certain Direct Costs
Purchase Orders and Subcontracts
1. Requirements for purchase orders and subcontracts are governed by FAR 52.244-2, Subcontracts (OCT 2010) of the General Provisions except as may be indicated herein.
2. The Contractor shall not incur any of the following costs without the prior written approval of the Contracting Officer. Incurrence of such costs with the intent of claiming reimbursement as direct costs under this contract shall be at the Contractor’s own risk:
a. Purchase of any item of equipment, including furniture or office equipment, regardless of cost;
b. Any rental agreement for real or personal property, or any term contract for maintenance;
c. Travel for general scientific meetings; and
d. Rearrangement, alternation or relocation of facilities.
B.2.3 Indirect Costs
1. The allowable indirect costs under this contract shall be established in accordance with the terms and conditions of this contract and FAR 52.216-7, Allowable Cost and Payment (AUG 2018).
2. Pending the establishment of the negotiated indirect cost rates, the provisional rates below are approved for billing purposes only.
TYPE PROVISIONAL CEILING BASE
Fringe Benefits Total direct costs excluding capital expenditures and Sub awards.
Overhead Salaries and wages excluding vacation, holiday, sick leave pay and other paid absences
G&A
3. The final indirect cost rates applicable to this contract shall not exceed the ceiling rates listed above; however, that in the event the rates are determined by the cognizant negotiated indirect cost official on the basis of actual allowable costs are less than the ceiling rate agreed to herein, then the lower rates as established by such cognizant official shall apply.
4. If the Contractor does not have a current rate agreement within the first 90 days after the effective date of this contract, the Contractor shall initiate a request for indirect cost rate agreement from the following:
Hruta Virkar National Institutes of Health 6011 Executive Blvd Room 549C-1 Rockville, MD 20852 301-496-4137 hruta.virkar@nih.gov
5. Notwithstanding the foregoing, the Contractor shall, in the case of an upward adjustment of the provisional rates, comply with the requirements of clause FAR 52.232-20 “Limitation of Cost”.
mailto:hruta.virkar@nih.gov
SECTION C – DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK
C.1 Statement of Work
Independently and not as an agent of the Government, the Contractor shall furnish all personnel, material, facilities, services, and equipment as needed to perform the Statement of Work set forth in Section J (Attachment A ) attached hereto and made part of this document.
SECTION D – PACKAGING AND MARKING
All reports and documents shall have, at a minimum in the document header, the contract number, and the Contracting Officer Representative (COR) name. All reports and documents shall have, at a minimum in the document footer, the author in the lower left corner, the page # of total # of pages in the center bottom of the page, and the date and /or version of the document (not the auto date) in the lower right corner.
The Contractor shall deliver all items at the time indicated in the Deliverables Schedule.
All deliverable reports are to carry at the top of the first page the following information:
1. Contract number
2. Deliverable item number
3. Deliverable item delivery due date
4. Date of submission
SECTION E – INSPECTION AND ACCEPTANCE
E.1 Inspection and Acceptance
The Contracting Officer’s Representative (COR), as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the Contractor’s performance, evaluating the quality of services provided by the Contractor and performing final inspection and acceptance of all deliverables. Each task order issued under this contract will provide the COR’s contact information.
E.2 Inspection
FAR 52.246-4 Inspection of Services—Fixed-Price (Aug 1996)
(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
FAR 52.246-6 Inspection—Time-and-Material and Labor-Hour (May 2001)
(a) Definitions. As used in this clause— “Contractor’s managerial personnel” means any of the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of—
(1) All or substantially all of the Contractor’s business;
(2) All or substantially all of the Contractor’s operation at any one plant or separate location where the contract is being performed; or
(3) A separate and complete major industrial operation connected with the performance of this contract.
“Materials” includes data when the contract does not include the Warranty of Data clause.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.
(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.
(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—
(i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or
(ii) Terminate this contract for default.
(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.
(h) Notwithstanding paragraphs (f) and (g) of this clause, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—
(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or
(2) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.
(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.
(k) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
E.4 Quality Assurance Surveillance Plan (QASP)
The Government will monitor the Contractor’s performance under this contract in accordance with the QASP.
SECTION F – DELIVERIES OR PERFORMANCE
F.1 Period of Performance
The period of performance shall be a base period of 12 months and four (4) 12-month option periods. The option periods under this contract may be exercised in accordance with FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2000). The period of performance under this contract shall commence with the effective date of the contract.
F.2 Place of Performance
The place of performance for this contract will be at the contractor site.
F.3 Observance of Federal Holidays
New Year’s Day January 1st Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursdays in November Christmas Day December 25th Inauguration Day Every fourth year, Washington, DC
No on-site services shall be performed, nor shall HRSA reimburse a contractor for work performed on Federal legal holidays, holidays set forth by Presidential Executive Order and any other Government closures, including closures for inclement weather, unless otherwise provided for in the terms of the contract. The contractor may not bill for hours not worked.
F.4 Schedule of Deliverables
The contractor shall ensure all products and services delivered under this contract are compliant with HHS Section 508 requirements in accordance with the Health and Human Services Acquisition Regulation (HHSAR). These Section 508 Standards were issued by the United States Access Board (https://www.access-board.gov/) and published in the Federal Register, on January 18, 2017, as the final rule (https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule). The final rule updates the https://www.access-board.gov/ https://www.access-board.gov/ https://www.access-board.gov/ https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule
Section 508 Standards along with accessibility guidelines for telecommunication products and equipment covered by section 255 of the Communications Act.
The Section 508 Standards applicable to this contract are:
Section 508 Standards and Guidelines (https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines)
• Web Content Accessibility Guidelines (WCAG) 2.0 o Success Criteria, Level A and AA
• Chapter 3: Functional Performance Criteria (FPC)
• Chapter 4: Hardware (if applicable)
• Chapter 5: Software
• Chapter 6: Support Documentation and Services
Regardless of format, all digital content or communications materials produced as a deliverable under this contract must conform to applicable HHS Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. The contractor is responsible for remediating all deliverables that do not comply with the applicable requirements as identified in the HHS Section 508 checklists.
F.5 Reporting Requirements and Deliverables
1. The Contractor shall submit the items in quantities and during the time periods indicated above to the following address or electronically as mutually agreed:
[To be completed at time of award]
2. The Contractor shall submit each deliverable items individually per the deliverable schedule.
FAR Clause Title Date
52.242-15 Stop-Work Order AUG 1989 52.242-15 Stop-Work Order, Alternate I APR 1984 52.242-17 Government Delay of Work APR 1984 https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines
SECTION G – CONTRACT ADMINISTRATION DATA
G.1 DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR)
The person identified below is hereby designated as the Contracting Officer Representative (COR) for this contract. The responsibility of the COR is to assist in the technical monitoring and administration of the contract. To this end, the COR may provide technical direction to the contractor as described in Sections G.2 and G.3.
TBD at time of award (Name) (Office/Division) Rockville, MD Phone Number: __________ Fax Number: ____________ Email: ________________
G.2 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITY
Technical Direction – The COR is authorized to provide the contractor with information, direction, and coordination within the confines of the contractual work description.
This includes providing technical direction to the Contractor to guide the contract effort in order to accomplish the contractual performance work statement. This may include the interpretation of specifications or technical portions of the work description, and where required by the contract, review and approval of product deliverables of the Contractor to the Government under the contract.
G.3 RESTRICTIONS ON THE CONTRACTING OFFICER’S
REPRESENTATIVE’S AUTHORITY
The COR has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract nor in any way direct the contractor or its subcontractors to operate in conflict with the contract terms and conditions.
The COR is not authorized to provide technical direction outside the parameters of the performance work statement as stated in the Contract.
The COR may not issue any direction to the Contractor that:
1. Solicits a proposal, OR
2. Constitutes an assignment of additional work outside the performance work statement of this
Contract, OR
3. In any manner causes an increase in the total contract cost or the time required for contract performance, or
4. Changes any of the express terms, conditions, or specifications of the Contract (e.g., changes in the price or scope of work, instructions to start or stop work, approval of any actions that will result in additional charges to the government).
If the contractor is unclear whether a technical direction is within the parameters of the performance work statement, it must contact the Contracting Officer, who is the only individual authorized to determine whether a technical direction is within the parameters of the performance work statement.
G.4 KEY PERSONNEL
The following individuals are designated as Personnel and considered to be essential to the work being performed under this contract:
Pursuant to the Key Personnel clause (HHSAR 352.242-70) referenced in Section I of this contract, the following individual(s) is (are) designated as Key Personnel and considered to be essential to the work being performed under this contract:
[To be completed at time of award]
The person identified as the Program Manager shall direct the necessary work and services toward fulfillment of the contractual requirements. Prior to removing, replacing, or diverting the specified individual(s), the Contractor shall notify the Contracting Officer in writing and reasonably in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No diversion shall be made by the Contractor without the written consent of the Contracting Officer, provided that the Contracting Officer may ratify in writing changes made due to events beyond the control of the Contractor, and such ratification shall constitute the consent of the Contracting Officer required by this clause.
Examples of events beyond the control of the Contractor are: (1) prolonged sickness, (2) termination of employment, and (3) death. Key personnel, with the consent of the Contracting Officer, may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.
G.5 STAFFING REQUIREMENTS
The general responsibilities of all contract personnel are as follows:
1. Consistently exhibit teamwork and provides best value for customers by improving the quality of customer interaction and communication, and internally improving communication to increase the quality and value of service provided.
2. Demonstrate proactive behavior, provides timely responsiveness, and exhibits a sense of ownership and commitment in all dealings.
3. Consistently perform timely follow through to ensure quality completion of customer actions.
Actively engages in customer partnering sessions and lessons learned sessions. On a regular basis, shows initiative in problem identification and resolution.
4. Maintain the integrity and security of federally-owned property, including equipment, supplies, and information technology related hardware, software and data.
5. Effectively plan, organize, and prioritize work to accommodate agreed to dates/timelines as noted in the task order, and produce clear and effective results of acceptable quality.
6. Refer new or unusual circumstances in a timely manner to the COR for guidance.
G.6 ELECTRONIC FUNDS TRANSFER
The Contractor shall designate a financial institution for receipt of electronic funds transfer payments. Contractors are encouraged to periodically review their file for accuracy and are required to re-reregister before their expiration date, which is the same date as their CCR expiration date.
SAM will notify users by e-mail that their file is due to expire beginning 60 days prior to expiration, then 30 days and finally 15 days before expiration.
G.7 EVALUATION OF CONTRACTOR’S PERFORMANCE final evaluation of
Interim and final evaluation of Contractor performance (including options) on this contract shall be conducted in accordance with FAR Subpart 42.15 and HHSAR 342.7001(d) and entered into the Contractors Performance Assessment Reporting System (CPARS) (see Section J, List of Attachments, Attachment CD.
The Government will conduct an evaluation of Contractor’s performance based on the completion of the tasks stated in the PWS. HRSA documents contractor performance using the Contractor Performance Assessment Rating System (CPARS) (www.cpars.gov). The evaluation shall be conducted by the COR and be comprised of an evaluation of contractor performance completed by the Contractor and Federal staff, and a review of progress reports and financial reports.
G.8 BILLING INSTRUCTIONS
See Attachment B.
G.9 TASK ORDER PROCEDURES
a. The contractor will be provided with a statement of work, schedule of deliverables, surveillance plan, and other additional instructions as needed for each individual task order to be issued under this contract. These documents may be issued by mail, facsimile or electronic commerce.
b. The contractor shall be required to submit separate technical and cost proposals for each task order issued under this contract.
c. All contractors will be given a fair opportunity to be considered for each award. The Contracting Officer will consider such factors as past performance on earlier tasks, quality of deliverables, cost control, price, cost and other relevant factors in the award of a task order to a particular contractor.
d. The Government reserves the right to solicit competitive proposals for individual task orders among contractors that were awarded contracts under the original solicitation.
e. The Government shall reserve the right to award a task order without discussions.
f. The due date for proposals will be stated in an individual RFTO and determined on a case by case basis, depending on the complexity of the requirement.
g. A contractor included in the competition for the award of a task order may choose not to submit a proposal. In this event, the contractor shall notify the Contracting Officer in writing of its decision not to submit an offer for the given requirement. Failure to submit a proposal will not preclude a contractor from any future opportunity to compete for a task order.
h. Task orders may be awarded on a unilateral basis. If a task order is issued unilaterally, the contractor must begin work immediately, adhering to the dollar limit and period of performance stated on the face page of the task order.
i. In accordance with FAR 16.505(a)(6), no protest under FAR Subpart 33.1 shall be authorized in connection with the issuance or proposed issuance of a task order under this contract, except for a protest on the grounds that the order increases the scope of work, period of performance, or maximum value of the contract.
G.10 TASK ORDER INFORMATION
Each task order will contain the following minimum information:
• date of award
• contract number and task order number (numbered consecutively)
• estimated total dollar amount of the task order
• accounting and appropriation data
• statement of work, schedule of deliverables, surveillance plan, and any special instructions
• period of performance
• name and address of the project officer
G.11 TASK ORDER BILLING
The contractor shall segregate billings by task order when invoicing against the contract.
G.12 MULTIPLE CONTRACT AWARD/TASK ORDER PLACEMENT
Each contract awardee shall be considered by the Contracting Officer (CO) prior to the placement of a task order. Beyond the guaranteed minimum task order amount $3,000, the placement of a task order shall be dependent upon factors such as an awardee’s record of past performance, quality of deliverables, cost control, price, cost, or other factors that the CO believes to be relevant to the placement of the order.
G.13 PERFORMANCE CRITERIA AND QUALITY ASSURANCE SURVEILLANCE
PLANS
Task orders issued under this contract may be issued as performance based service task orders.
Samples of generic performance criteria can be located in Section J, Attachment I. Individual task orders will contain performance criteria tailored to the individual requirement.
The Contractor shall submit a Quality Assurance Surveillance Plan (QASP) as part of any task order proposal submitted. This proposal shall contain draft performance criteria and deductions. All QASPs will be negotiated prior to task order award.
G.16 SUBCONTRACTING PLAN PROVISIONS (APPLIES TO LARGE BUSINESS)
a. Small Business and Small Disadvantaged Business Subcontracting Plan
(1) The Small Business and Small Disadvantaged Business Subcontracting Plan, dated is attached hereto and made a part of this contract.
(2) The failure of any contractor or subcontractor to comply in good faith with the Clause entitled "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns" incorporated in this contract and the attached Subcontracting Plan, will be a material breach of such Contract or Subcontract.
b. Small Disadvantaged Business (SDB) Participation Plan
(1) The Small Disadvantaged Business (SDB) Participation Plan, dated is attached hereto and made a part of this contract.
(2) In compliance with FAR 52.219-25, Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting, if this contract contains SDB participation targets, the Contractor shall report on the participation of SDB concerns. Reporting shall be on Optional Form 312, Small Disadvantaged Business Participation Report, or in the Contractor’s own format providing the same information and shall be submitted on an annual basis and upon completion of the contract. In no event shall the targets identified in the attached SDB Participation Plan be revised without the prior written authorization of the Contracting Officer.
(3) The failure of any Contractor or subcontractor to comply in good faith with FAR Clause
52.219 25, entitled "Small Disadvantaged Business Participation Program -- Disadvantaged Status and Reporting" incorporated in this contract and the attached SDB Participation Plan, will be a material breach of such contract or subcontract and subject to the remedies reserved to the Government under FAR Clause 52.219-16 entitled, "Liquidated Damages- Subcontracting Plan."
c. Subcontracting Reports
(1) The Contractor shall submit the Individual Subcontract Report and the Summary
Subcontract Report using the web-based Electronic Subcontracting Reporting System (eSRS at http://www.esrs.gov) following the instructions in eSRS as supplemented by agency regulations;
Ensure that its subcontractors with subcontracting plans agree to submit the Individual Subcontract Report and/or the Summary Subcontract Report using eSRS;
Provide the prime contract number, the order number, if applicable, and the prime contractor’s DUNS number to all first-tier subcontractors with subcontracting plans so they can enter this information into eSRS with their reports; and
Ensure that all subcontractors with subcontracting plans under the flow-down requirements of subparagraph (a)(9) above, at every tier, provide the prime contract number, the order number, if applicable and their own DUNS number to all of their subcontractors with subcontracting plans.
http://www.esrs.gov/
Regardless of the effective date of this contract, the report shall be submitted on the following dates for the entire life of this contract:
April 25th
October 25th
G.17 LIMITATION ON SUBCONTRACTING (APPLIES TO SMALL BUSINESSES)
FAR 52.219-14 is applicable to this contract and stated below in full text:
Limitation on Subcontracting (DEC 1996)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for -
(1) Services (except construction) At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.
(2) Supplies (other than procurement from regular dealer in such supplies) The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(3) General construction The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.
(4) Construction by special trade contractors The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 FOOD
Food (including but not limited to meals, light refreshments, and beverages) is not to be provided and is an unallowable cost.
H.2 EQUIPMENT
The Contractor shall not use federal funding available through this contract for costs incurred for services or equipment which are reimbursable as part of another government contract. The federal funding available through this contract shall not be used to reimburse the contractor for the purchase of computer hardware and/or software without prior Contracting Officer approval.
H.3 CONFIDENTIALITY AGREEMENT REQUIREMENT
The Contractor shall implement a confidentiality agreement related to all data provided by the Government staff. All Contractor staff that work with the Federal Government and are provided information and access to databases shall sign such an agreement and a copy of the signed agreement for each relevant staff member shall be submitted to the COR prior to receipt of relevant documents.
H.4 TRAVEL REIMBURSEMENT
Any travel reimbursement under this contract shall be performed in accordance with Federal Travel Regulations.
H.5 PROHIBITION AGAINST PERSONAL SERVICES
The Contractor shall not perform personal services as defined under FAR 2.101 under this contract.
Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. A Contractor supervisor must give all individual Contractor employee assignments and daily work direction. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently-governmental functions under this contract. No Contractor employee shall represent or give the appearance that he/she is a Government employee, agent or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this contract understand and are committed to following these requirements.
H.6 EQUAL EMPLOYMENT OPPORTUNITY POSTERS
In order to comply with the notice posting requirements of FAR clause 52.222-26 Equal Opportunity as incorporated into the contract, the contractor shall obtain the posters from the following link: https://wwwl .eeoc.gov/employers/poster.cfm.
H.7 ORGANIZATIONAL CONFLICT OF INTEREST (OCI)
A. Disclosure Clauses
In accordance with FAR Subpart 9.5, all contractors submitting proposals in response to this solicitation must:
(1) Identify any actual, potential or perceived organization conflicts of interest or, in the absence of such conflicts, represent that no such organizational conflicts of interest exist.
(2) If any perceived organizational conflict is identified, provide an explanation why an actual or potential organizational conflict of interest does not exist.
(3) If any actual or potential organizational conflict exists, include a mitigation plan for addressing the conflict.
(4) All contractors providing evaluation services under this solicitation are prohibited from submitting offers as prime, team members or subcontractors.
B. Disclosure Clauses
(1) The contractor may be disqualified from award if it fails to provide or makes any misrepresentation in connection with required OCI disclosures.
(2) The contractor shall disclose all OCIs that arise after award.
(3) The Government may terminate the contract for convenience if an OCI arises after award.
(4) The contractor is required to flow down to its subcontractor OCI restrictions.
(5) Misrepresenting or failing to disclose information related to OCIs may result in termination for default, debarment, prosecution for making of false statement, or other severe consequences.
H.8 POST-AWARD ORGANIZATIONAL CONFLICT OF INTEREST
General: The Contractor shall have programs in place to identify, report, and mitigate actual and potential conflicts of interest for itself, its employees, subcontractors and consultants. The existence of such programs and the disclosure of known actual or potential conflicts are material performance requirements of this contract.
Disclosure: The Contractor shall report all actual and potential conflicts of interest pertaining to this contract to the Contracting Officer, including those that would be caused by a contemplated modification to this contact or another contract. Such reports shall be in writing (including by email). Upon request, the Contractor shall respond to a Contracting Officer's request for an OCI mitigation plan.
Resolution: In the event the Contracting Officer determines that a conflict of interest exists, based on disclosure from the Contractor or from other sources, the Contracting Officer shall take action which may include requesting a mitigation plan from the Contractor, terminating part or all of the contract, modifying the contract or obtaining a waiver in accordance with applicable law, including FAR 9.503 as applicable.
SECTION I – CONTRACT CLAUSES
I.1 Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) Contract Clauses
A. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporated one or more clauses 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.
Also, the full text of a clause may be accessed electronically at www.arnet.gov/far.
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government SEPT 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for
Illegal or Improper Activity
MAY 2014
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity
MAY 2014
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation on Payments to Influence Certain Federal Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and
Requirement to Inform Employees of Whistleblower Rights
APR 2014
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation
JAN 2017
52.204-4 Printing/Copying Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management Maintenance OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code
Maintenance
JUL 2016
52.204-19 Incorporation by Reference of Representations and Certifications
DEC 2014
http://www.arnet.gov/far
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government’s Interest When
Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
NOV 2015
52.210-1 Market Research APR 2011 52.215-2 Audit and Records-Negotiation OCT 2010 Alternate II (APR 1998) 52.215-8 Order of Precedence - Uniform Contract Format OCT 1997 52.215-10 Price Reductions for Defective Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Cost or Pricing Data –
Modifications
AUG 2011
52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost of Pricing Data–
Modifications
OCT 2010
52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Wavier of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement
Benefits (PRB) Other Than Pensions
JULY 2005
52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost of Pricing Data or
Information Other Than Cost or Pricing Data – Modifications
OCT 2010
52.215-23 Limitation on Pass-Through Charges OCT 2009 52.216-7 Allowable Cost and Payment JUN 2011 52.216-8 Fixed Fee JUN 2011 52.216-18
Ordering
(a) effective date of contract through the contract expiration date.
OCT 1995
52.216-19
Order Limitations
(a) $3,000,
(b) (1) $20 million; (2) $100 million;
(3) 60 days.
52.216-21 Requirements OCT 1995 52.216-22
Indefinite Quantity
(d) 6 months after contract expiration.
52.216-27 Single or Multiple Awards OCT 1995 52.217-8 Option to Extend Services NOV 1999 52.217-9 Option to Extend the Term of the Contract a: 12 months; b: 60 days; c: 60 months
MAR 2000
52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan AUG 2018 52.219-16 Liquidated Damages–Subcontracting Plan JAN 1999 52.222-2 Payment for Overtime Premiums $0.00 JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports Veterans FEB 2016 52.222-38 Compliance with Veterans’ Employment Reporting
Requirements
FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combat Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52-223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies to Ban Text
Messaging
AUG 2011
52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUNE 2008 52.227-1 Authorization and Consent JUN 2020…
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