DRAFT RFP FA805311R0001 CATS.pdf

CODE

(Hour)

PAGE(S)

until 01:00 PM local time 20 Jan 2011

X

A

X B

X C

D

EX

X

G

F 69 - 76

77 - 109

X H 110 - 120 stuart.moats@wpafb.af.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 120

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

FA8053 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

STUART MOATS 937-257-0000

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 13

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

14 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 17 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

18 - 45 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

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

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

46 - 58

PART II - CO NTRACT CLAUSES

773 ESS/PKJ - ESG MEDICAL OL, WPAFB

POC: MELISSA GARMOE

2776 C SUITE 200

BLDG 6 AREA B

WRIGHT-PATTERSON AFB OH 45433-7401

937-255-3082

937-656-0919FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

59 - 68

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

13 Dec 2010

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

FA8053-11-R-0001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Dollars, U.S.

A&AS Firm Fixed Price Labor

FFP

This Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract has a five year ordering period. Performance of services will be accomplished through the issuance of task orders with one year expiration unless annual options are included.

Services shall be performed in accordance with the AFMS Consultant, Advisory, and Technical Services (CATS) Performance work statement dated 12 Nov 2010.

Specific total amounts will be specified in each task order along with the delivery schedule. Pricing shall be IAW the pricing rate schedule B-1 attachment located in this section. On or off site FFP task orders will be issued against this CLIN.

FOB: Destination

SIGNAL CODE: A

NET AMT

0002 1 Labor

Hours

A&AS Labor Hours

This Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract has a five year ordering period. Performance of services will be accomplished through the issuance of task orders with one year expiration unless annual options are included.

Services shall be performed in accordance with the AFMS Consultant, Advisory, and Technical Services (CATS) Performance work statement dated 12 Nov 2010.

Specific total amounts will be specified in each task order along with the delivery schedule. Pricing shall be IAW the pricing rate schedule B-1 attachment located in this section. On or off site FFP task orders will be issued against this CLIN.

0003 Dollars, A&AS Cost Reimbursable Incidental Material

COST

This CLIN is for reimbursable incidental material costs. All incidental materials shall be approved by the Quality Assurance Personnel (QAP) prior to purchase.

All items over the micro purchase threshold shall be approved by the Contracting

Officer. In addition, contractor shall supply three quotes as proof of cost reasonableness to the Contracting Officer when required.

ESTIMATED COST

0004 Dollars, A&AS Travel

COST

Travel-Cost Reimbursable: Contractor employees may be required to travel to various locations within the continental United States (CONUS), to include

Alaska and Hawaii, in performance of task orders. In accordance with FAR

31.205-46 travel costs to be reimbursed at rates not to exceed the maximum locality per diem rates (the combination of lodging, meals and incidentals) in effect at the time of travel, as set forth in the Federal Travel Regulations, Joint

Travel Regulation and Standard Regulations, Section 925, as applicable. All air travel must be booked on American-flagged carriers, unless otherwise directed by the Contracting Officer. The appropriate Government Official, Quality Assurance

Personnel or Contracting Officer shall approve travel. All invoices for travel reimbursement shall be accompanied by supporting receipts. Cost estimates will be based on number of trips, number of personnel, and location Per Diem Rate as posted on https://secureapp2.hqda.pentagon.mil/perdiem/ per individual Task

Order. Estimated travel requirements will be included, whenever possible, in the requests for proposals for each new task. All required contractor travel must be approved by the Government prior to departure

ESTIMATED COST

0005 Dollars, Contract Data Requirements List

Contract Data Requirements List: IAW with DD Form 1423-2, Data Item No

A0001 and A0002. Costs associated with this CLIN are included in CLIN 0001 or

0002.

MINIMUM AND MAXIMUM

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1 $5,000.00 999,999,999,999 $985,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each

Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $2,500.00 999,999,999,999,999 $100,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and

CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1.00 $2,500.00 99,999,999.00 $985,000,000.00

0002 1.00 $2,500.00 99,999,999.00 $96,000,000.00

0003 1.00 $50.00 99,999,999.00 $96,000,000.00

1.00

1.00

$2,500.00

NSP

99,999,999.00

99,999,999.00

$100,000,000.00

NSP

NATIONAL NTE RATES

Full Time Equivalent. A significant number of task orders are anticipated to contain Full Time Equivalents (full-time and/or part-time). A full-time equivalent (FTE) is based on 1880 productive hours per year. Part-time equivalent (PTE) hours will be determined by the requesting location based on needs. Part time equivalents will be calculated based on 1880 productive hours per year. For example, a task order for a 0.5 part time equivalent would be based on 940 productive hours per year.

SECTION B, TABLE B-1, LABOR CATEGORIES/NOT TO EXCEED RATES

Each contractor will fill in Table B-1 with their appropriate NOT TO EXCEED (NTE) fully burdened labor rates for each listed labor categories below taking into consideration experience, education, etc. Fully burdened rates are to be inclusive of all costs including, but not limited to, relocation, salary, taxes, benefits, overhead, G&A, and profit.

These NTE rates will apply to all locations that may be required under this contract.

Future requirements will be met via Task Order proposal competition in accordance with Section H2.

Although only the highest level of each labor category is listed, the NTE rates proposed will apply to all levels within a given labor category. For example, if a future requirement includes a Project Manager, Level II, the task order proposed price cannot exceed the NTE rate for a Project Manager, Level V.

These NTE rates will be used throughout the life of this contract. Each 365-day period, after the initial year, will need to include considerations for annual cost of living changes, inflation, etc. The contractor shall also provide their handling rate assessed to material cost. This handling rate will be used throughout the life of this contract for

Firm-Fixed Price and Labor Hour/Time and Material task orders.

Labor Categories may be added/deleted based on the Government‘s requirements per Task Order (TO). Rates will be valid up to (11:59 PM) on the last day of the ordering period for a 12-month task order. (Example: Order placed on 31 Mar 2011 may be priced out until 30 Mar 2012)

TABLE B-1

Company XXX Not To Exceed Rates (Prime Contractor)

HOURLY LABOR RATE -

LOADED

(Applies to all CLINs as appropriate)

SUPPLIES/SERVICES LEVEL

ON-

SITE

OFF-SITE

Ordering Period 1 (12-Month Period of Performance from Date of Award)

Management and Professional Services Category

Project Manager V

Administrative Assistant III $ $

Executive Assistant III $ $

Subject Matter Expert V $ $

Health Care Administrator V $ $

Studies, Analyses and Evaluations Category Financial Analyst V $ $

Consultant V $ $

Engineering and Technical Services Category Data Analyst V $ $

Systems Analyst V $ $

Technical Writer V

Engineer V

Instructor V

Travel G&A Rate

Material Handling Rate

Ordering Period 2 (365 Day Period After Period

1)

Executive Assistant III $ $

Ordering Period 3 (365 Day Period After Period

2)

Executive Assistant III $ $

Ordering Period 4 (365 Day Period After Period

3)

Executive Assistant III $ $

Ordering Period 5 (365 Day Period After Period

4)

Executive Assistant III $ $

TABLE B-1

Company XXX Not To Exceed Rates (Prime Contractor)

HOURLY LABOR RATE -

LOADED

(Applies to all CLINs as appropriate)

Ordering Period 1 (12-Month Period of Performance from Date of Award)

Executive Assistant III $ $

Ordering Period 2 (365 Day Period After Period 1)

Executive Assistant III $ $

Ordering Period 3 (365 Day Period After Period 2)

Executive Assistant III $ $

Ordering Period 4 (365 Day Period After Period 3)

Executive Assistant III $ $

Ordering Period 5 (365 Day Period After Period 4)

Executive Assistant III $ $

Section C - Descriptions and Specifications

(INSERT CATS PWS HERE)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001

52.246-15 Certificate of Conformance APR 1984

52.246-16 Responsibility For Supplies APR 1984

252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 16-JUL-2011 TO

15-JUL-2016

N/A N/A

0002 POP 16-JUL-2011 TO

0003 POP 16-JUL-2011 TO

0004 POP 16-JUL-2011 TO

0005 POP 16-JUL-2011 TO

15-JUL-2015

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REF

5352.232-9000 REMITTANCE ADDRESS MAY 1996

LOCAL WAWF

WIDE AREA WORKFLOW – RECEIPT AND ACCEPTANCE (WAWF-RA)

ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS

IN ACCORDANCE WITH DFARS 252.232-7003, USE OF ELECTRONIC PAYMENT REQUESTS, IS

MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND

ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR

FEES TO USE WAWF.

Requests for payments must be submitted electronically via the Internet through the Wide Area WorkFlow – Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil. The WAWF Vendor Instructions for Installation and

Registration Guide is available online at: http://www.wawftraining.com

Questions concerning payment should be directed to (202) 767-8738 or (202) 404-6549. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using WAWF.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES

AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF.

CONTRACT NO. ISSUED BY/ADMIN

DODAAC:

CAGE CODE: TYPE OF DOCUMENT:

DELIVERY ORDER NO. PAY OFFICE DODAAC: INSPECTED BY

DODAAC:

SERVICE

ACCEPTOR/SHIP TO:

SEND MORE E-MAIL NOTIFICATIONS TO:

CONTRACT ADMINISTRATOR: E-MAIL:

Contracting Officer: E-MAIL:

Contracting Officer‘s Technical Representative E-MAIL:

Contracting Officer‘s Technical Representative E-MAIL:

ADDITIONAL NOTIFICATION E-MAIL:

Revised 03 AUG 2006

* NOTE TO CONTRACTOR: The codes in these blocks identify the customer responsible for inspection and acceptance of goods or services provided under this contract. In the event problems are encountered when using these codes to process invoices for payment, use the code cited in block 9 of the SF 1449 or block 6 of the SF30 instead.

https://wawf.eb.mil/ http://www.wawftraining.com/

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1. TASK ORDER CONTRACT

Services will be procured via the award of Task Orders issued against the basic contract. There are two procedures to be followed for the submission of offers for award of Task Orders.

1. Initial Task Orders

Each awardee will receive an initial task order for up to two contractor management staff to attend a post award orientation. The post award orientation will be conducted approximately ten days following contract award at

Wright-Patterson Air Force Base, Ohio. The contract minimum is established at $5,000 and is to be used by the contractor to pay for attendance at the post award orientation. The Government will not pay any costs incurred above this amount.

2. Subsequent Task Orders

The Government intends to order additional services, up to the stated contract maximum throughout the period of this contract. Special procedures and regulations apply to the award of subsequently awarded Task Orders. These procedures are provided in H.3 below.

H.2. RESERVED

H.3. TASK ORDER PROCEDURES (SUBSEQUENT TASK ORDERS)

1. Decentralized Task Orders

Unless specifically stated, task orders will be decentrally procured and administered. Task orders may be used to acquire timely and accurate medical A&AS services requested by Air Staff, Major Command (MAJCOM) or military treatment facility (MTF) authorities. All Air Force, Army and Navy contracting offices that support Air

Force MTFs are authorized to place Task Orders against this contract and are authorized to administer the Task

Orders following award. The other contracting offices that support Air Force MTFs under Joint-Basing arrangements shall follow the terms and conditions of this Contract. This includes applicable DoD Regulations, Manuals, Instructions, Directives and the Air Force Instructions and Manuals referenced in the performance work statement.

2. Task Order Competition Pools: There are two task order competition pools:

A. An ―unrestricted‖ task order competition pool consisting of all contractors that were selected for award as a result of solicitation number FA8053-11-R-0001.

B. A ―small business set-aside‖ task order competition pool comprised of all small businesses that were selected for award on the small business set aside portion of solicitation number FA8053-11-R-0001.

Contractors in the small business set aside pool are permitted to participate in competitions for unrestricted task orders under this contract, however, participation or non-participation in the unrestricted pool will not be counted in the TOPR participation rate in the annual performance criteria. Since this is a five year ordering period, small businesses ordinarily will not be required to recertify their size eligibility when proposing on individual orders; However, the Government reserves the right to require recertification on individual task orders.

3. Small Business Set-Asides:

IAW FAR 19.501 the Contracting Officer will unilaterally set-aside task orders for competition in the

Small Business Pool when two or more contractors in the ―small business set-aside‖ pool are capable of meeting the requirements or the acquisition falls within the Small Business Set-Aside general guidelines.

Any task orders with an annual estimated value at or below $500,000 are automatically set-aside for SB concerns and will be competed within the Small Business Task Order Competition Pool using streamlined or standard competition.

4. Government Requirement

When the Government has a requirement, the Contracting Officer shall notify the Contractor(s) of: (1) the work to be performed; (2) the desired performance period and (3) any other information considered to be of assistance to the Contractor in preparing a proposal. For orders that are set aside, the contracting officer will notify only the eligible small business contractors in the small business set aside pool. For unrestricted orders, the contracting officer will notify all contract holders resulting from solicitation

FA8053-11-R-0001because all may propose in the unrestricted pool. Notification will be made in the form of a Task Order Proposal Request (TOPR), as further described below. The TOPR may be written or oral, and may be transmitted by any means including mail, Internet, e-mail, telephone, fax or face-to-face. The standard method of transmission however, shall be e-mail, via Internet. The TOPR shall not obligate the Government to issue task orders under this contract, nor shall it authorize the Contractor to perform any work pursuant to such requests for proposal prior to the Contractor‘s receipt of an authorized

Task Order.

5. TOPR competition types

In each TOPR, the ordering contracting officer will identify the applicable type of competition.

Streamlined competition is the preferred method unless a performance price tradeoff is necessary based on the requirements.

6. Streamlined Competition.

A. Past Performance: Contractors meeting or exceeding all requirements of the Services Summary in

Section C paragraph 3.1.2 for task orders on this contract over the past 12 consecutive months are considered ―pre-qualified‖ under the streamlined competition process. Contractors failing to meet or exceed one or more services summary requirements over the past 12 consecutive months are not eligible to submit proposals under streamlined competition. Contractors with no task orders on this contract are automatically considered ―pre-qualified‖ for competition. In the event that a contractor should become ineligible for pre-qualification, eligibility will be reinstated once contractors meet or exceed all requirements of the Services Summery in Section C paragraph 3.1.2.

B. The contracting officer may ask for a short technical proposal to ascertain the contractor‘s understanding and capability of performing the requirement. This technical proposal will be rated

―acceptable‖ or ―unacceptable‖ based on technical proposal evaluation criteria stated in the TOPR.

C. The contracting officer will ask for a final bid price.

D. The Government will award to the lowest priced, technically acceptable, pre-qualified offeror.

7. Standard Competition.

As further provided in individual task orders, one or more of the following factors will be considered in arriving at an award that is most advantageous to the Government:

A. PRICE. The proposed price of the Task Order. The price on task order proposals will be evaluated using pricing analysis techniques described in FAR 15.404.

i. COMPLETENESS. All price information required by the Task Order proposal request has been submitted.

ii. REASONABLENESS. Reasonableness determination as defined in FAR 15.404.

B. Past Performance: The past performance record of the offeror on previous Task Orders and the record of the offeror in responding to previous Task Order Proposal Requests (TOPR) under this contract will be evaluated. The past performance evaluation may include a review of all aspects of contract performance, both positive and negative, including but not limited to performance enhancements or problems, management enhancements or problems, timeliness of proposal submission, fill rates, turnover rates and quality of A&AS workers provided or scope, magnitude and complexity of services performed. The

Government may review contractors past performance on other Government contracts in order to complete their past performance review.

C. Approach: Each TOPR will identify if an approach section is required to be submitted with proposals and, as identified in paragraph g below, what is to be included in the proposal to satisfy the approach section. The approach section will be used to evaluate how each offer intends on meeting or exceeding specific TOPR requirements. The Approach segment of the proposal shall not simply restate requirements, but rather should specifically address how the offeror will successfully meet those requirements. The approach section may also request an assessment of the offeror‘s capability to fill specific requirements.

8. All TOPRs

A. Options: When the task order is projected to include option years, the Government will evaluate task order proposals in accordance with FAR 52.217-5, Evaluation of Options (Jul 1990).

B. Organizational Conflict of Interest (OCI): If a contractor was involved in writing the statement of work, Government cost estimate, or source selection plan for a future task order, that contractor is not eligible to compete for or perform work as a prime contractor or subcontractor on that future task order.

Additionally, if a contractor is already performing a task order or another contract through which it would be in a position to evaluate its offer for or performance of a future task order, that contractor is not eligible to compete for or perform work as a prime contractor or subcontractor on that future task order.

The Government reserves the right to waive this barrier on a case by case basis if no other contractor is eligible, is capable, or chooses to submit an offer on the future task order.

9. TOPR Pricing

Task Orders may include Firm Fixed Price (FFP), Firm Fixed Price Level-of-Effort (FFP-LOE), Labor

Hour (LH), Incidental Material Reimbursement and/or Travel-Cost Reimbursable CLINs. Other than

Service Contract Act (SCA) wage adjustments, no changes will be made to awarded prices. Therefore, contractors should include all direct and indirect costs in the price for each performance period.

A. Firm Fixed Price (FFP) and Firm Fixed Price Level-of-Effort (FFP-LOE): FFP and FFP-LOE are the preferred task order types. For FFP and FFP-LOE task order proposals, the Contractor shall provide and shall be evaluated on a bottom-line price for the entire effort.

B. Labor Hour (LH): The task order proposal will specify the personnel who will provide required services, the estimated number of hours each person will work and the exact fully-burdened hourly rates to be charged. The Contractor shall work closely with the Government in monitoring the ―burn rate‖ of these task orders to ensure adequate funding is available to meet task order requirements.

C. Incidental Material Reimbursement: This is a cost reimbursement type CLIN. When incidental materials are required, the Contractor's proposal shall clearly indicate the items required, the corresponding cost, an explanation of why the materials are necessary and evidence of how the material costs were determined. All incidental materials shall be approved by the QAP prior to purchase. All items over the micro purchase threshold shall be approved by the Contracting Officer. In addition, the contractor shall supply three quotes as proof of cost reasonableness to the CO when requested by the contracting officer.

D. Travel-Cost Reimbursable: Contractor employees may be required to travel to various locations within the United States and its territories in the performance of task orders. Definitive travel requirements will be defined in each Task Order Proposal Request. Reference Section B CLIN 0004.

10. Task Order Proposal Request, Proposal Submission, and Task Order Award.

The process for requesting Task Order proposals, evaluating proposals, selecting an awardee for each

Task Order and issuing the Task Order is in accordance with the fair opportunity, additional clarifications are shown below.

A. Task Order Proposal Request (TOPR)

i. The Contracting Officer will issue a written Task Order Proposal Request and will: 1. Forward it to either all small business set aside awardees or all contract awardees unless one of the exceptions to the fair opportunity for consideration listed in AFFARS Clause 5352.216-9000 applies and 2. E-mail a copy of the task order proposal request to the program manager at the AFMS Commodity Council.

ii. The Task Order Proposal Request will include (at a minimum):

- Date of order

- Description of services

- Type of CLIN(s) to be used

- Relative weights of evaluation factors

- Government Furnished Property (if any)

- One or more objective measure(s) used to assess the contractor‘s task order performance (in addition to PWS 2.3) (ex: meets suspenses assigned X% of time)

- Any other pertinent data

B. Proposal Submission.

i. Contractors are highly encouraged to submit a proposal for every requirement solicited should it be advertised in the appropriate pool. If a Contractor does not provide a proposal in response to a Task Order Proposal Request, a notification statement is due to the contracting officer and program manager not later than the proposal due date to ensure the proposal request was received. Lack of participation in task order competition or failure to submit competitive proposals will be considered in the Government‘s evaluation of the contractor‘s performance

IAW PWS 2.2.1.5.

ii. Any questions pertaining to the Task Order Proposal Request shall be submitted to the

Contracting Officer in writing, via letter or email, within four (4) calendar days of Task Order

Proposal Request issuance. In the event issues pertaining to a Task Order Proposal Request cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw or cancel the proposed Task Order without award. In such event, the contractors will be notified, via letter or email, of the Contracting Officer's decision and this decision shall be final and conclusive and shall not be subject to the "Disputes" clause or the

"Contract Disputes Act".

iii. Requests for site visits during proposal preparation must be submitted to the Contracting

Officer in writing within four (4) calendar days of Task Order Proposal Request issuance. Site visits will be at the contractor‘s expense.

iv. The contractor‘s Task Order proposal shall be submitted to the Contracting Officer within 10 calendar days of the Task Order Proposal Request Date of Order, unless a longer period is granted by the ordering Contracting Officer. If the 10th calendar day falls on a Saturday, Sunday, or a Government holiday, the contractor‘s Task Order proposal shall be due on the first work day following the 10 th calendar day, and task order pricing shall be based on the Not-To-

Exceed prices in effect on the date the Task Order proposal is due. Task order proposals shall be valid for 90 calendar days after the required submission date. The following information and any additional information as requested in the TOPR shall be provided in the proposal:

1. Labor category(ies), skill levels and number(s) of personnel performing on each task (Reference

Section J, Attachment 4).

2. Rationale why each labor category, skill level and number of personnel is necessary to perform the task order to include knowledge and expertise required.

3. Proposals will be assumed by the Government to meet minimum requirements specified in the TOPR.

Proposals stating that the contractor will exceed the minimum requirements or Government performance objectives in the TOPR may be incorporated into the resulting Task Order minimum requirements.

4. The number of hours to be worked by each individual with rationale.

5. An overall discussion of the Contractor‘s management approach and proposed technical solution, especially for unique requirements.

6. Identification of any unique Government furnished property/materials/data required for performance if not already identified in the RFP.

7. The place of performance shall be specified and applicable onsite or offsite rates shall be used for pricing. IAW FAR 7.108, task orders contemplated using telecommuting shall specify offsite rates and shall demonstrate how requirements to access Government information/computer systems will be met at the expense of the contractor.

8. Task order specific teaming arrangement, if applicable.

9. Task order specific Organizational Conflict of Interest mitigation plan, if applicable.

v. Cross-Teaming Mitigation Plan: The Offeror shall disclose all cross-teaming arrangements and associated mitigation plans. The principle for Cross-Teaming Mitigation Plans should be to avoid all potential and actual Organizational Conflict of Interest (OCIs), and eliminate all concerns that there could be potential problems leading to inability to meet the contractual requirements. Features of an effective plan likely will include separate physical locations, separate work forces, separate management, separate computer systems, and a representation that there will be no ―cross-talk‖ or information shared between the two affiliates in connection with all future task orders and task order proposals.

C. Task Order Award.

i. Upon receipt of proposals, the Contracting Officer and the requiring activity will analyze the proposals and, if acceptable, issue a task order to the Offeror whose offer provides the best value to the Government, all evaluation factors considered. If proposals are not fully acceptable as offered, discussions may be conducted prior to issuance of any task order. The Contracting

Officer will email a copy of the complete task order to the program manager at the AFMS

Commodity Council. Additional qualifications for personnel or enhancements to Government performance objectives will be included in the task order as the minimum requirements.

ii. When a prospective Contractor has an unmitigated OCI conflict or the Contracting Officer cannot determine fair pricing, the Government reserves the right to exercise some or all of the following rights:

- Render Contractor(s) ineligible for award for the specified task order and/or future contract;

- Require prospective Contractor(s) withdrawal from at least one team when affiliates participate on two different teams in the same acquisition.

- When the Prime Offeror proposes and subcontracts with more than one Prime Contractor for the same effort the Government may evaluate the prospective proposal(s) as high risk that may result in non-award.

D. Ombudsman: IAW AFFARS 5352.201-9101 an Ombudsman facilitates the resolution of concerns from Offerors, potential Offerors, and others for this acquisition. Before consulting with an ombudsman, concerned parties must first address their concerns, issues, disagreements, and/or recommendations to the Contracting Officer for resolution. If the Contracting Officer cannot make a resolution, concerned parties may contact the MAJCOM ombudsmen:

Col Mario Troncoso, ESG/DD

Bldg 1, Door 24

WPAFB, OH 45433

Phone: (937) 257-3517

Fax: (937) 656-0919

11. Performance.

A. When the contractor experiences any delays in accomplishing the specific tasks identified in subparagraphs below, the contractor shall notify the ordering Contracting Officer and the QAP immediately. The ordering Contracting Officer will evaluate the situation to determine if an extension of the dates is appropriate due to Government delay. If an extension is not approved, the Government may terminate the task order for default or seek other remedies as appropriate.

The task order may be re-competed or awarded to the contractor who provided the next valid, best value offer to the Government without recompetition if within 90 days of original award.

Non-performing contractors will receive a negative past performance report which may impact the contractor‘s ability to compete for future task orders on this contract and other Government contracts.

i. Upon award, a Task Order will be transmitted to the contractor on a DD Form 1155. The

A&AS personnel shall physically begin performance no later than 30 calendar days after Task

Order award unless a later date is specified in the Task Order. Performance earlier than 30 calendar days may occur if an earlier date is mutually agreed upon between the Contracting

Officer and the contractor. A Task Order modification will be accomplished to adjust the date performance begins.

ii. The contractor will provide a resume within ten (10) calendar days of task order award date for each A&AS personnel that demonstrate the individual meets all position description and task order requirements. In rare circumstances, education and/or experience requirements may be waived by the Contracting Officer if the individual has an extraordinary background or uniquely applicable experience or highly specialized knowledge. If the contractor requests a waiver to education and/or experience requirements the contractor may be asked by the Contracting

Officer to provide a telephonic interview of the applicant to the requesting location authority during the selection process. If the individual is determined not to meet task order requirements by the Contracting Officer, the contractor must submit another resume and no extensions of task performance timeframes will be granted.

iii. The Government will notify the contractor of anticipated closure of the facility, (i.e., training, holidays, administrative leave granted to the entire staff, or other closure including down days or family days) five (5) business days in advance or as soon as possible. In the event of unplanned closure of the facility due to natural disasters, military emergency, or severe weather, the contractor will be notified in the same manner as DoD civilian personnel. The Government will not pay if work on the task order cannot be performed during these periods.

B. The Government considers maintaining a low rate of personnel turnover an important performance measure of the success of this contract. It costs both the Government and the

Contractor significant time and money to orient and in-process new personnel. Accordingly, when replacing personnel, the Contractor must ensure that the new personnel meet or exceed the stated qualification of the individuals originally proposed. If the Government expends additional effort to orient new personnel and/or performance requirements are delayed or missed, the Government may recoup reasonable consideration.

i. When the prime Contractor is notified that personnel have given notice that they will no longer be working on a task order, the prime Contractor shall notify the Contracting Officer immediately but no later than one (1) business day. The prime Contractor shall provide follow-up documentation within 72 hours, stating the date and time the position will be vacant, the reason for vacating the task order, the anticipated replacement date of personnel, and what management corrective action will be taken to ensure task order mission completion.

ii. Prior to substituting personnel performing under this contract, the Contractor is responsible for notifying the Contracting Officer immediately but no less than 2 weeks in advance of the proposed substitution. Notice shall include written justification for the change and a sufficiently detailed qualification summary of proposed personnel to permit a Government evaluation and acceptance.

C. The contractor shall ensure substitute/replacement personnel are present for duty such that no position vacancy exceeds 30 days.

D. The Contract Officer may request removal (permanent or temporary) of personnel on a task order for job performance, business ethics violations, security, safety, health or upon discovery of fraudulent resume documentation. Upon receipt of notification from the Contract Officer, the prime Contractor shall remove the employee from the task order immediately.

12. Invoicing

A. The contractor shall submit invoices electronically to the Government IAW DFARS 252.232-

7003 (Electronic Submission of Payment Requests).

13. Contract Data:

The Contractor shall maintain sufficient automated data processing equipment (ADPE) to support all task orders. In some instances, equipment will be provided by the functional area, as noted/listed in the individual task order or in the Government Furnished Property section of the PWS.

A. The Contractor shall submit data in a format compatible with, standard office software tools.

Exceptions, if any, will be identified in individual Task Orders. The following list includes some of the tools currently in use:

FUNCTION SOFTWARE VENDOR

Operating System/Environment Windows NT 4.0 (or higher) Microsoft

Database Access Microsoft

Electronic Mail Outlook Microsoft

Graphics PowerPoint Microsoft

Project Planning Microsoft Project Microsoft

Spreadsheet Excel Microsoft

Word Processing MS Word Microsoft

File Contract Documents Acrobat Reader Adobe

B. (2) The Government shall retain unlimited rights to all data and deliverables developed at Government expense, under and for the task orders of this contract. If data is developed or gathered but not delivered to the Government as part of a task order, the Contractor shall still maintain the information in a master file, in the appropriate electronic format. The Contractor shall grant the Government unlimited or

Government purpose rights to this master file information. The master file shall be organized by task order, maintained in a format consistent with regulatory and statutory rules and properly safeguarded to protect classified or sensitive information. Upon completion of any task order, the Contractor shall deliver the contents of the master file to the Government.

14. Subcontracting Plan: (Only appliclable to unrestricted orders)

The subcontracting plan shall demonstrate a valid corporate commitment between all parties detailing business agreements that put the prime contractor (or in the case of Mentor Protégé and Joint Venture agreements, one of the partners) firmly in control and responsible for all aspects of the subcontractor(s) performance. Large business Contractors shall be aggressive in subcontracting to small business concerns

IAW FAR Subpart 19.7 – The Small Business Subcontracting Program and participate with small business, veteran-owned small business, service-disabled veteran-owned small business, HUB Zone small business, small disadvantaged business, and women-owned small business concerns. Large business will subcontract 25% (by total dollar amount) to small business concerns in the above categories. Contractors shall report Consultants, Advisory and Technical Services (CATS) dollars subcontracted to the Small

Business Concerns of businesses on an annual basis through the submission of SF294/295, Subcontracting Report. Small business will ensure at least 50% of the cost of contract performance incurred for personnel shall be expended for employees of the prime contractor (Ref FAR52.219-14).

15. Partnership Meetings:

The Contracting Officer, CATS Program Manager and other appropriate Government personnel will meet annually with the Contractor to review the Contractor's performance. These meetings will apprise the

Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, how the problems were resolved and successes, if any, experienced. The

Contractor will also notify the Contracting Officer (in writing) of any work being performed that the

Contractor considers over and above the requirements of the contract. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be held at Wright-Patterson AFB, Dayton Ohio, at contractor expense. Reporting and tracking methods will be outlined and reported at these meetings. The performance meeting will also cover performance measures, contractor performance, program benchmarking and any significant events.

A. The minutes of these meetings will be documented in writing, signed by the Contracting Officer and any other signatories as deemed appropriate, and distributed to the CATS Program Manager and the respective Contractor. Should the Contractor not concur with the minutes, the Contractor will provide written notice to the Contracting Officer identifying any areas of non-concurrence within 10 business days of the meeting.

B. Remedies for Breach by the Government: Contractor's sole and exclusive remedy for breach by the

Government shall be termination for convenience damages, task order proposal preparation costs, task order award and/or reinstatement, if deemed feasible by the Government in its sole discretion. In no event shall the Government be liable to the Contractor for expectancy damages, including but not limited to lost profits, or consequential damages resulting from breach of this contract.

H.4. RESTRICTION ON THE USE OF GOVERNMENT-AFFILIATED PERSONNEL

The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Defense, either military or civilian, unless such person seeks and receives approval in accordance with Title 5, USC, Section 5536, DoD 5500.7-R (1993), as amended, and service directives.

The Contractor shall notify the Government if a prospective employee is the spouse or family member of a

Government employee. Although not necessarily a disqualification, steps may need to be taken to prevent appearances of a conflict of interest, nepotism or other forms of favoritism in the workplace.

H.5. ASSOCIATED CONTRACTOR AGREMENTS (ACA)

(a) The Contractor shall enter into Associate Contractor Agreements (ACA) for any portion of the contract requiring joint participation in the accomplishment of the Government's requirement. The agreements shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to the integration of the CATS program which shall ensure the greatest degree of cooperation for the development of the program to meet the terms of the contract. Associate Contractors are listed in (h) below.

(b) ACAs shall include the following general information:

(1) Identify the associate contractors and their relationships.

(2) Identify the program involved and the relevant Government contracts of the associate contractors.

(3) Describe the associate contractor interfaces by general subject matter.

(4) Specify the categories of information to be exchanged or support to be provided.

(5) Include the expiration date (or event) of the ACA.

(6) Identify potential conflicts between relevant Government contracts and the ACA; include agreements on protection of proprietary data and restrictions on employees.

(c) A copy of such agreement shall be provided to the Contracting Officer for review before execution of the document by the cooperating contractors.

(d) Nothing in the foregoing shall affect compliance with the requirements of H.13

Organizational Conflict of Interest.

(e) The Contractor is not relieved of any contract requirements or entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate contractor.

(f) Liability for the improper disclosure of any proprietary data contained in or referenced by any agreement shall rest with the parties to the agreement, and not the Government.

(g) All costs associated with the agreements are included in the negotiated cost of this contract.

Agreements may be amended as required by the Government during the performance of this contract.

(h) The following contractors are associate contractors with whom agreements are required:

CONTRACTOR ADDRESS PROGRAM/CONTRACT

Contractor Address Phone Contract Number

Suntiva 7600 Leesburg Pike (703) 462-8470 FA7014-09-D-0009-0002

Falls Church VA 22043

H.6. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) OF 1996

HIPAA is comprised of several different sections, each to be implemented by the Dept. of Health and Human

Services. The medical facilities of the military services and the DOD health plans are specifically listed as covered by HIPAA. Currently, HIPAA Privacy and Security Rules, as set forth in the Code of Federal Regulations, are in effect for all MTFs. The specific implementation of HIPAA Privacy for DOD medical facilities is set forth in DOD

6025.18-R, and for HIPAA Security, the requirements for AF MTFs are contained in DOD 8580.02-R and AFI 41-

217, which also contains additional Information Assurance requirements for all AF MTFs. DOD 6025.18-R, DOD

8580.02-R and AFI 41-217 are incorporated herein by reference. MTFs are responsible to insure overall compliance with HIPAA requirements, which includes incorporation of certain requirements in contracts entered or amended after the respective implementation dates.

IAW these regulations, the Contractor and its employees meet the definition of Business Associates. Therefore, a

Business Associate Agreement is required by law to comply with both the HIPAA Privacy and Security regulations.

This clause serves as that agreement for each MTF, whereby the Contractor and its employees agree to abide by all

HIPAA Privacy and Security requirements regarding health information as defined in this clause, DoD 6025-18-R, DOD 8520.02-R and AFI 41-217. Additional HIPAA requirements will be addressed when implemented.

1. Introduction.

A. Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DOD 6025.18-R, DOD 8520.02-R or AFI 41-217.

i. HITECH Act shall mean the Health Information Technology for Economic and Clinical Health

Act included in the American Recovery and Reinvestment Act of 2009.

ii. Individual has the same meaning as the term ―individual‖ in 45 CFR 164.50 1 and 164.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR

164.502(g).

iii. Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

iv. Protected Health Information has the same meaning as the term ―protected health information‖ in 45 CFR 164.501, limited to the information created or received by The

Contractor from or on behalf of the Government.

v. Electronic Protected Health Information has the same meaning as the term ―electronic protected health information‖ in 45 CFR 160.103.

vi. Required by Law has the same meaning as the term ―required by law‖ in 45 CFR 164.501 and

164.103.

vii. Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

viii. Security Incident shall have the same meaning as the term ―security incident‖ in 45 CFR

164.304, limited to the information created or received by Contractor from or on behalf of the

Covered Entity.

ix. Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part

160,162 and part 164, subpart C.

x. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304 and 164.501.

B. The Contractor agrees to not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required…